Code of Alabama
Ala. Code § 12-11-9 (2026)
Transfer of Cases - Between Circuit Court and District Court.
✓ official Alabama Legislature (ALISON) text, current July 2026
If a case filed in the circuit court is within the exclusive jurisdiction of a district court or a case filed in the district court is within the exclusive jurisdiction of the circuit court, the circuit clerk or a judge of the court where the case was filed shall transfer the case to the docket of the appropriate court, and the clerk shall make such cost and docket fee adjustments as maybe required and transfer all case records. This section does not apply to cases filed in the circuit court prior to January 16, 1977.
(Acts 1975, No. 1205, p. 2384, §2-106.)
Notes of Decisions
Cited in 25
cases, 1982–2016 · leading case: Sanchez v. McKinney.
Sanchez v. McKinney (Ala. 2011). “In Darby , the question presented was whether the district court in that case had erred in transfemng an unlawful-detainer action to the circuit court “ ‘under the mandate of Alabama Code [1975], § 12-11-9.’ ” 8 So.3d at 1013 (quoting the district court’s order).”
Darby v. Schley (Ala. Civ. App. 2008). “Accordingly, under the mandate of Alabama Code, § 12-11-9, this case is ordered transferred to the Circuit Court of Shelby County, Alabama.”
Dutton v. State (Ala. Crim. App. 2001). “Cases filed in a court that does not have original trial jurisdiction of the offense charged shall be transferred to the appropriate court as provided in Ala.Code 1975, § 12-11-9." The indictment against Dutton charges a misdemeanor DUI offense because it shows the present DUI…”
Ex parte N.B. (Ala. 2016). “Additionally, Ala. Code 1975, § 12-11-9, which was adopted in 1975, provides that circuit courts, when they lack jurisdiction, have the power to transfer a case to district court, and vice versa.”
Davis v. State (Ala. Crim. App. 2001). “"(c) Transfer of Cases. Cases filed in a court that does not have original trial jurisdiction of the offense charged shall be transferred to the appropriate court as provided in Ala.”
O.S. v. E.S. (Ala. 2015). “Alabama Code 1975, § 12-11-9, specifically allows misfiled cases to be transferred from the circuit court to the district court; that Code section was enacted in 1975.”
Chappell v. JP Morgan Chase Bank, NA (Ala. Crim. App. 2012). “” Therefore, Chappell’s case was not properly before the circuit court because the district court was required to transfer the action to the circuit court in order for it to attain jurisdiction over the action pursuant to mandatory procedures provided in § 12-11-9.”
N.B. v. J.C.R. (Ala. Civ. App. 2016). “The putative father argues that § 12-11-9, Ala.Code 1975, provides authority for transferring the case to the circuit court; that Code section provides: “If a case filed in the circuit court is within the exclusive jurisdiction of a district court or a case filed in the district…”
CSX Transp., Inc. v. Owens (Ala. 1988). “, would never have come into play if the amount in controversy, as shown in the original statement of the claim, was not within the circuit court’s concurrent jurisdiction with that of the district court.”
Andrews v. Loftin (Ala. 1988). “) “After testimony in the district court revealed that the amount in controversy undisputedly exceeded the district court’s $5,000 jurisdictional limit, under the provisions of § 12-11-9, the district judge should have transferred rather than dismissed the case.”
Crider v. Misty Acres, Inc. (Ala. Civ. App. 2004). “See § 12-11-9, Ala.Code 1975. NOTES [1] The Criders did not attach any evidence in support of their contention that they were in the process of reopening their bankruptcy proceeding.”
Rimpsey Agency, Inc. v. Johnston (Ala. Civ. App. 2016). “Accordingly, [the plaintiffs] unlawful-detainer action was not an action ‘within the exclusive jurisdiction of the circuit court,’ § 12-11-9, [Ala.Code 1975], and, therefore, the Shelby District Court did not have the authority to transfer that action to the Shelby Circuit Court…”
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