AL SB52

Courts must continue criminal and civil cases when a party or lead attorney is absent due to active duty service in the National Guard or U.S. Armed Forces, provided the remaining party or attorney attests they cannot safely proceed without the absent individual.

Cases must also be continued when a material witness is unavailable due to military service, if the witness is located outside the state and a formal request for testimony has been submitted to military authorities under 5 U.S.C. § 301.

When the state receives a military-related continuance in criminal cases, defendants must be granted bail upon application, except for violent offenses (where bail is discretionary) or capital offenses (where this provision does not apply).

The Alabama Supreme Court is directed to amend its rules to conform with these requirements.

Effective date: October 1, 2026.