Code of Alabama
Ala. Code § 12-11-11 (2026)
Transfer of Cases - Transfer to Another Court in Same County.
✓ official Alabama Legislature (ALISON) text, current July 2026
Whenever it shall appear to the court that any case filed therein should have been brought in another court in the same county, the court shall make an order transferring the case to the proper court, and the clerk or register shall forthwith certify the pleadings, process, costs and order to the court to which the case is transferred, and the case shall be docketed and proceed in the court to which it is transferred, and the costs accrued in the court in which the case was originally filed shall abide by the result of the case in the court to which transferred.
(Acts 1915, No. 725, p. 830; Code 1923, §6493; Code 1940, T. 13, §156.)
Notes of Decisions
Cited in 33
cases (11 in the last 5 years), 1985–2024 · leading case: O.S. v. E.S., 205 So. 3d 1245 (Ala. 2015).
O.S. v. E.S., 205 So. 3d 1245 (Ala. 2015). “The wife’s argument relied on Ala.Code 1975, § 12-11-11, which she referred to as “compulsory”: “Whenever it shall appear to the court that any case filed therein should have been brought in another court in the same county, the court shall make an order transferring the case to…”
Ex parte N.B., 222 So. 3d 1160 (Ala. 2016). “2015), that the juvenile court was empowered under Ala. Code 1975, § 12-11-11, to transfer the action.”
Ex Parte Haynes Downard Andra & Jones, LLP, 924 So. 2d 687 (Ala. 2005). “Concluding, then, that the principle of ancillary venue does not apply to the separate divisions of a county, we hold that any claim against a party arising in Jefferson County that does not arise within the Bessemer Division of the Jefferson Circuit Court is subject to transfer…”
Ex Parte Walter Indus., Inc., 879 So. 2d 547 (Ala. 2003). “Civil actions for which venue is otherwise proper in Jefferson County, but which are filed in the wrong division either in the Bessemer Division or in the Birmingham Division "are subject to transfer to the proper division pursuant to the provisions of § 12-11-11, [Ala.]…”
City of Bessemer v. McClain, 957 So. 2d 1061 (Ala. 2006). “its for partition of land or suits to enforce a lien on land, both of which must be brought in the county where the land liessuits `arising in' the geographical boundaries of the Bessemer Cutoff but filed in Birmingham (or, vice versa, suits `arising in' the Birmingham Division…”
N.B. v. J.C.R., 204 So. 3d 887 (Ala. Civ. App. 2016). “2015), we hold that, pursuant to § 12-11-11, Ala. Code 1975, the juvenile court had the authority to transfer the case.”
Moore v. Griffin, 256 So. 3d 1201 (Ala. Civ. App. 2018). “Based upon the facts and authorities set forth herein, the circuit court, although incorrectly determining that the father's complaint in the custody action failed to state a valid claim, nonetheless correctly concluded that the custody action fell outside its subject-matter…”
Ex Parte Birmingham S. R.R. Co., 473 So. 2d 500 (Ala. 1985). “It simply means that if the civil action did arise there and suit is brought in the Birmingham Division, and that fact is timely raised by the defendant, the court must transfer the action to the Bessemer Division under § 12-11-11, Ala.Code 1975. I agree that the cause should be…”
Williams v. Minor, 202 So. 3d 676 (Ala. Civ. App. 2016). “That said, our supreme court has recently held that, under § 12-11-11, Ala.Code 1975, a court has an obligation to transfer a case outside its subject-matter jurisdiction to an appropriate court within the same county should such a court exist.”
Ex Parte Chatmon, 968 So. 2d 999 (Ala. Civ. App. 2007). “Therefore, pursuant to Ala.Code 1975, § 12-11-11, we direct the trial court to transfer this case to the Bessemer Division.”
Ex Parte Scannelly, 1100226 (Ala. 6-30-2011), 74 So. 3d 432 (Ala. 2011). “” See § 12-11-11, Ala.Code 1975 (providing for a transfer to another court in same county in actions where “it shall appear to the court that any case filed therein should have been brought in another court in the same county”).”
Kish Land Co., LLC v. Thomas, 42 So. 3d 1235 (Ala. Civ. App. 2010). “In addition to granting the injunction, the circuit court’s order transferred the case to the probate court, which was proper pursuant to § 12-11-11, Ala. Code 1975. 2 . The injunction, which is the only issue we review in this opinion, is an appealable interlocutory order under…”
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