Code of Alabama

Ala. Code § 12-1-1 (2026)

Effect of Rules of Supreme Court of Alabama.

✓ official Alabama Legislature (ALISON) text, current July 2026

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Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure or any other rule of practice and procedure as may be adopted by the Supreme Court of Alabama.

(Acts 1977, No. 20, p. 28.)

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1980–2026 · leading case: Schoenvogel v. Venator Grp. Retail, Inc., 895 So. 2d 225 (Ala. 2004).

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Schoenvogel v. Venator Grp. Retail, Inc., 895 So. 2d 225 (Ala. 2004). · cites it 19× “In 1977, as a part of its adoption of the "Code of Alabama 1975," the Legislature included § 12-1-1, which reads as follows: "Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama…”

Woods v. State, 789 So. 2d 896 (Ala. Crim. App. 1999). · cites it 2× “He contends that according to § 12-1-1, a 1977 law, which provides, "Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure or any other rule of…”

Ex Parte Ziglar, 604 So. 2d 384 (Ala. 1992). · cites it 3× “The Alabama legislature not only has recognized the power of the Court to promulgate rules, [3] but has specifically provided in Ala. Code 1975, § 12-1-1, that "[a]ny provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama…”

M.L.H. v. State, 99 So. 3d 894 (Ala. Civ. App. 2011). · cites it 7× ““In 1977, as a part of its adoption of the Code of Alabama 1975, the Legislature included § 12-1-1, which reads as follows: “ ‘Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama…”

McCartha v. State, 78 So. 3d 1014 (Ala. Crim. App. 2011). · cites it 2× “As stated above, § 12-1-1 provides that procedural matters in Title 12 are controlled by “any other rule of practice and procedure as may be adopted by the Supreme Court of Alabama” if such a rule exists.”

Delmore v. Gonzales, 903 So. 2d 140 (Ala. Civ. App. 2004). “Our supreme court has held that, "pursuant to the express legislative declaration in § 12-1-1, when this Court adopted the Alabama Rules of Evidence effective January 1, 1996, those rules supplanted and superseded any provision of Title 12 of the Code of Alabama 1975…”

Alt v. Alt, 257 So. 3d 873 (Ala. Civ. App. 2017). “See § 12-1-1, Ala. Code 1975. Regarding this appeal, however, I agree with the main opinion's conclusion that a notice of appeal filed during the effective period of an automatic stay is void for the reasons discussed therein.”

Mitchell v. Dexter Interiors, 381 So. 2d 90 (Ala. Civ. App. 1980). “Notwithstanding the reestablishment of the requirement of a supersedeas bond in § 12-12-73, the legislature made it clear in § 12-1-1 that § 12-12-73 would apply only if the procedure therein prescribed was not governed by the ARCP, ARAP or any other rule of procedure adopted by…”

Ex parte Collier Kirksey., 162 So. 3d 907 (Ala. 2014). · cites it 2× “No rule of court has superseded the last sentence of § 12-21-220. Therefore, if this Court had not found that sentence to be unconstitutional as a legislative invasion of the judicial sphere, it would still be valid.”

Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “The legislature recognized that authority in § 12-1-1, Ala. Code 1975: "Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure or any other rule of…”

State v. Welch, 136 So. 3d 481 (Ala. 2013). “Section 12-1-1, Ala.Code 1975, implementing § 150 of the Constitution, provides that court rules supersede conflicting statutes regulating procedure.”

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