(a) Since the Supreme Court now has the initial primary duty to make and promulgate rules governing practice and procedure in all courts, as well as rules of administration for all courts, all such rules made and promulgated by the Supreme Court shall be filed in the office of the Clerk of the Supreme Court and published in the official report of decisions. The Clerk of the Supreme Court shall certify to the Secretary of State all such rules. The Secretary of State shall cause the rules to be published in any code of the laws of Alabama whenever the codes are published or in pocket supplements to codes.
(b) In connection with its duty to make and promulgate such rules, the Legislature finds that it is within the scope of such authority for the Supreme Court to make rules of administration pertaining to the collection, use, protection and disclosure of information, statistics and records involved in the administration of justice, criminal or otherwise, including information to be stored or which is stored in computers; collection of unpaid court costs, fines and forfeitures; the security of courts; the procedures, forms and standards for appointment of attorneys for indigents in criminal cases and, in the event an indigent becomes nonindigent, collection procedures for attorney’s fees, transcript fees, and other expenses paid by the state during the period of indigency.
(c) Rules heretofore promulgated by the Supreme Court shall not be considered to have been superseded or modified by this title unless by express reference in this title or by law hereinafter enacted or by irreconcilable conflict with this title.
(d) The Clerk of the Supreme Court shall give his or her opinion in writing on any question of the interpretation of any rule of administration promulgated by the Supreme Court to any other officer or official of the state who shows a need for such opinion and requests the same. The written opinion of the Clerk of the Supreme Court shall protect the officer or official to whom it is directed as well as other officers or officials who use it as guidance from liability to either the state, county, or any municipal subdivision of the state because of any official act or acts performed as directed or advised in such opinion; provided, however, that such opinion shall be merely advisory. Such opinions shall be published in the official report of decisions.
(Acts 1975, No. 1205, p. 2384, §6-105; Act 2014-217, p. 684, §1.)
Notes of Decisions
Schoenvogel v. Venator Grp. Retail, Inc., 895 So. 2d 225 (Ala. 2004).
· cites it 2× “" Ala.Code 1975, § 12-2-19(a) and (c). 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…”
Opinion of the Clerk, Supreme Court of Alabama, 526 So. 2d 584 (Ala. 1988).
“Tapley, Administrative Director of Courts, has requested my opinion as Clerk of the Supreme Court, pursuant to Code 1975, § 12-2-19. Mr. Tapley poses two related questions as to whether Rule 7, Alabama Rules of Judicial Administration, requires a filing fee when claims are…”
Opinion of the Clerk, Supreme Court, 356 So. 2d 636 (Ala. 1978).
“Section 12-2-19(d), Code of Alabama 1975, authorizes the Clerk of the Supreme Court to “give his opinion in writing on any question of the interpretation of any rule of *637 administration promulgated by the supreme court to any other officer or official who shows a need for…”
In re Opinion of the Clerk, 606 So. 2d 138 (Ala. 1992).
· cites it 2× “” In § 12-2-19(a) the Legislature again manifests its intention: “Since the supreme court now has the initial primary duty to make and promulgate rules governing practice and procedure in all courts, as well as rules of administration for all courts.”
Opinion of the Clerk, 708 So. 2d 568 (Ala. 1997).
· cites it 2× “Frank Gregory, administrative director of courts, has submitted the following questions, pursuant to Ala.Code 1975, § 12-2-19(d): “1. If more than one party to an action appeals a decision of the district court to the circuit court, must each of such parties pay a docket fee? “2.”
Opinion of the Clerk, 361 So. 2d 534 (Ala. 1978).
“Does this rule authorize a docket fee for cases filed pursuant to Rule 60(b), Alabama Rules of Civil Procedure? Section 12-2-19(d), Code of Alabama 1975, authorizes the Clerk of the Supreme Court to “give his opinion in writing on any question of the interpretation of any rule…”
Opinion of the Clerk, 362 So. 2d 1259 (Ala. 1978).
“” Section 12-2-19(d), Code of Alabama 1975, authorizes the Clerk of the Supreme Court to “give his opinion in writing on any question of the interpretation of any rule of administration promulgated by the Supreme Court to any other officer or official of the state who shows a…”
Opinion of the Clerk, 403 So. 2d 891 (Ala. 1981).
“Phillips, Deputy Register of the Family Court, Montgomery County, has submitted to me, as Clerk of the Supreme Court, pursuant to § 12-2-19(d), Code, 1975, the following questions: 1.”
Opinion of the Clerk, 390 So. 2d 1040 (Ala. 1980).
“The answer to this inquiry is given pursuant to the authority conferred on the Clerk of the Supreme Court by § 12-2-19(d), Code 1975. My answer to the question is in the negative.”
Opinion of the Clerk, 445 So. 2d 905 (Ala. 1984).
“Tapley, Administrative Director of Courts, has submitted to me, as Clerk of the Supreme Court of Alabama, pursuant to Code 1975, § 12-2-19(d), the following inquiry: “Whether the circuit or district court clerk would be authorized to collect the filing fee otherwise prescribed…”
M.L.H. v. State, 99 So. 3d 894 (Ala. Civ. App. 2011).
· cites it 2× “’ “Ala.Code 1975, § 12-2-19(a) and (c). “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…”
Opinion of the Clerk, 389 So. 2d 1154 (Ala. 1980).
“Dewaine Sealy, Circuit Clerk of Mar-engo County, has submitted to me, pursuant to § 12-2-19(d), Code 1975, the following questions: (1) Would you please issue me a written opinion as to what authority I have to collect a docketing fee on modifications of a final decree, which…”
— Ala. Code § 12-2-19(a) — 4 cases
Schoenvogel v. Venator Grp. Retail, Inc., 895 So. 2d 225 (Ala. 2004).
“" Ala.Code 1975, § 12-2-19(a) and (c). 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…”
M.L.H. v. State, 99 So. 3d 894 (Ala. Civ. App. 2011).
“’ “Ala.Code 1975, § 12-2-19(a) and (c). “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…”
In re Opinion of the Clerk, 606 So. 2d 138 (Ala. 1992).
“” In § 12-2-19(a) the Legislature again manifests its intention: “Since the supreme court now has the initial primary duty to make and promulgate rules governing practice and procedure in all courts, as well as rules of administration for all courts.”
— Ala. Code § 12-2-19(d) — 36 cases
Opinion of the Clerk, Supreme Court, 356 So. 2d 636 (Ala. 1978).
“Section 12-2-19(d), Code of Alabama 1975, authorizes the Clerk of the Supreme Court to “give his opinion in writing on any question of the interpretation of any rule of *637 administration promulgated by the supreme court to any other officer or official who shows a need for…”
Opinion of the Clerk, 708 So. 2d 568 (Ala. 1997).
“Frank Gregory, administrative director of courts, has submitted the following questions, pursuant to Ala.Code 1975, § 12-2-19(d): “1. If more than one party to an action appeals a decision of the district court to the circuit court, must each of such parties pay a docket fee? “2.”
Opinion of the Clerk, 361 So. 2d 534 (Ala. 1978).
“Does this rule authorize a docket fee for cases filed pursuant to Rule 60(b), Alabama Rules of Civil Procedure? Section 12-2-19(d), Code of Alabama 1975, authorizes the Clerk of the Supreme Court to “give his opinion in writing on any question of the interpretation of any rule…”
Opinion of the Clerk, 362 So. 2d 1259 (Ala. 1978).
“” Section 12-2-19(d), Code of Alabama 1975, authorizes the Clerk of the Supreme Court to “give his opinion in writing on any question of the interpretation of any rule of administration promulgated by the Supreme Court to any other officer or official of the state who shows a…”
Opinion of the Clerk, 403 So. 2d 891 (Ala. 1981).
“Phillips, Deputy Register of the Family Court, Montgomery County, has submitted to me, as Clerk of the Supreme Court, pursuant to § 12-2-19(d), Code, 1975, the following questions: 1.”
Annotations are extracted automatically from the opinions in the
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