AL HB58

Courts must continue criminal and civil cases when a party, their lead attorney, or a material witness is absent due to active duty service in the National Guard or U.S. Armed Forces

When an attorney is absent for military service, the client must swear they cannot safely proceed without counsel; when a party is absent, their attorney must make the same statement

For witness unavailability due to military service, the requesting party must show the witness is material and necessary, located outside the state, and that a formal request for testimony was submitted to military authorities

When the state receives a continuance in criminal cases, the court must set bail for defendants—except bail is discretionary for violent offenses and not available for capital offenses

Effective date is October 1, 2026, and directs the Alabama Supreme Court to amend its rules to conform with these requirements