Code of Alabama
Ala. Code § 6-3-2 (2026)
Venue of Actions - Against Individuals.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) In proceedings of a legal nature against individuals:
(1) All actions for the recovery of land, of the possession thereof, or for a trespass thereto must be commenced in the county where the land or a material part thereof lies.
(2) All actions on contracts, except as may be otherwise provided, must be commenced in the county in which the defendant or one of the defendants resides if such defendant has within the state a permanent residence.
(3) All other personal actions, if the defendant or one of the defendants has within the state a permanent residence, may be commenced in the county of such residence or in the county in which the act or omission complained of may have been done or may have occurred.
(b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive subject matter of the action or not, must be commenced in the county where the same or a material portion thereof is situated.
(2) If the action is to enjoin proceedings on judgments in other courts, it may be commenced in the county in which such proceedings are pending or judgment entered.
(3) Except as may be otherwise provided, actions must be commenced in the county in which the defendant or a material defendant resides.
(4) In the case of nonresidents, actions must be commenced in the county where the subject of the action or any portion of the same was when the claim arose or the act on which the action is founded was to be performed.
(Code 1852, §§2164, 2875; Code 1867, §§2562, 3760; Code 1876, §§2928, 3760; Code 1886, §§2640, 3421; Code 1896, §§676, 4205; Code 1907, §§3093, 6110; Acts 1923, No. 74, p. 53; Code 1923, §§6524, 10467; Code 1940, T. 7, §§54, 294.)
Notes of Decisions
Cited in 106
cases (8 in the last 5 years), 1979–2026 · leading case: Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996).
Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996). “The general venue provision for actions against individuals contained in Ala.Code 1975, § 6-3-2, was first codified in the Code of 1852, which provided in pertinent part: "No freeholder of this state, having a permanent residence within it, must be sued out of the county of his…”
Ex Parte Burr & Forman, LLP, 5 So. 3d 557 (Ala. 2008). “The statute governing venue for individuals, § 6-3-2, Ala.Code 1975, also governs venue for partnerships.”
Floyd v. Wachovia Bank, 77 So. 3d 570 (Ala. 2011). “Moreover, we have given it an effect inconsistent with the legislative determination that other statutorily prescribed locations for actions under §§ 6-3-2 and 6-3-7 are generally and presumptively appropriate.”
Ex Parte City of Birmingham, 507 So. 2d 471 (Ala. 1987). “This situation is different in principle from that applying to private corporations, which may establish offices and places of business in any and every county in the state. Therefore, we *474 hold that § 6-3-7 does not apply to municipal corporations.”
Walden v. Es Capital, 1091474 (Ala. 5-20-2011), 89 So. 3d 90 (Ala. 2011). “” Had the Montgomery Circuit Court been competent to adjudicate the rights of all parties claiming an interést to the apartments, or had the subsequent quiet-title action merely been ancillary to the previous action between Willadean Walden and Smith, then it would have been…”
Fleet Force, Inc. v. Adams, 11 So. 3d 243 (Ala. Civ. App. 2008). “, Choctaw County) or the county in which the act or omission complained of may have been done or may have occurred (a provision which, as we noted in connection with § 6-3-7(a)(1), can have no application in this case because the occurrence giving rise to the employee’s claimed…”
Ivey v. Windom, 840 So. 2d 885 (Ala. 2002). “The trial court correctly noted that venue in this case is determined pursuant to § 6-3-2(a)(3), Ala.Code 1975. That section provides: “(a) In proceedings of a legal nature against individuals: [[Image here]] “(3) All other personal actions, if the defendant or one of the…”
Ex Parte Gauntt, 677 So. 2d 204 (Ala. 1996). “2d 17 (1961) (construing predecessor of § 6-3-7 in pari materia with predecessor of § 6-3-2). This holding conforms with the legislative intent: in 1955, the legislature enacted § 6-3-5 and provided that inconsistent laws would be repealed; yet, § 6-3-7 remained unmodified and…”
SafetyNet Youth Sys., LLC v. Guarantee Ins. Co., 133 So. 3d 862 (Ala. 2013). “They rely on §§ 6-3-2 and 6-3-7, Ala.Code 1975, the Aabama statutory authorities that define proper venue in this case, and on § 6-3-21.”
Ex Parte Overstreet, 748 So. 2d 194 (Ala. 1999). “Section 6-3-2, Ala.Code 1975, governs venue of actions against individuals.”
Webster v. Se. Alabama Timber Harvesting, LLC, 94 So. 3d 371 (Ala. 2012). “[ 3 ] [[Image here]] “In interpreting and applying the ‘interest-of-justice’ prong in this manner, we have, I believe, given that prong far greater meaning and effect than it has historically been understood by the bench and bar to have. Moreover, we have given it an effect…”
Ex Parte Wilson, 854 So. 2d 1106 (Ala. 2002). “Under the majority's interpretation, the statutes that governed venue for medical-care providers before the enactment of the first Medical Liability Actboth the venue statute relating to individuals, § 6-3-2, Ala.Code 1975, and the venue statute relating to corporations, §…”
— Ala. Code § 6-3-2(3) — 5 cases
Cruz v. J & W Enter., LLC, 150 So. 3d 190 (Ala. 2014).
Johnson v. Nelson, 275 N.W.2d 427 (Iowa 1979).
Owens v. Griffin Wood Co., 116 So. 3d 1111 (Ala. 2013).
Ex Parte Swift Loan & Fin. Co., Inc., 667 So. 2d 706 (Ala. 1995).
Ex Parte Swift Loan & Fin. Co., Inc., 667 So. 2d 706 (Ala. 1995).
— Ala. Code § 6-3-2(a) — 14 cases
Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996). “The general venue provision for actions against individuals contained in Ala.Code 1975, § 6-3-2, was first codified in the Code of 1852, which provided in pertinent part: "No freeholder of this state, having a permanent residence within it, must be sued out of the county of his…”
Ex parte WMS, LLC, 170 So. 3d 645 (Ala. 2014).
Walden v. Es Capital, 1091474 (Ala. 5-20-2011), 89 So. 3d 90 (Ala. 2011). “” Had the Montgomery Circuit Court been competent to adjudicate the rights of all parties claiming an interést to the apartments, or had the subsequent quiet-title action merely been ancillary to the previous action between Willadean Walden and Smith, then it would have been…”
Dowdell v. Stinson, 677 So. 2d 1158 (Ala. 1996).
Del Mercado v. Owens, 723 So. 2d 19 (Ala. 1998).
— Ala. Code § 6-3-2(a)(2) — 14 cases
Ex Parte Gauntt, 677 So. 2d 204 (Ala. 1996). “2d 17 (1961) (construing predecessor of § 6-3-7 in pari materia with predecessor of § 6-3-2). This holding conforms with the legislative intent: in 1955, the legislature enacted § 6-3-5 and provided that inconsistent laws would be repealed; yet, § 6-3-7 remained unmodified and…”
Fleet Force, Inc. v. Adams, 11 So. 3d 243 (Ala. Civ. App. 2008). “, Choctaw County) or the county in which the act or omission complained of may have been done or may have occurred (a provision which, as we noted in connection with § 6-3-7(a)(1), can have no application in this case because the occurrence giving rise to the employee’s claimed…”
Isbell v. Smith, 558 So. 2d 877 (Ala. 1989).
Webster v. Se. Alabama Timber Harvesting, LLC, 94 So. 3d 371 (Ala. 2012). “[ 3 ] [[Image here]] “In interpreting and applying the ‘interest-of-justice’ prong in this manner, we have, I believe, given that prong far greater meaning and effect than it has historically been understood by the bench and bar to have. Moreover, we have given it an effect…”
Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996). “The general venue provision for actions against individuals contained in Ala.Code 1975, § 6-3-2, was first codified in the Code of 1852, which provided in pertinent part: "No freeholder of this state, having a permanent residence within it, must be sued out of the county of his…”
— Ala. Code § 6-3-2(a)(3) — 43 cases
Floyd v. Wachovia Bank, 77 So. 3d 570 (Ala. 2011). “Moreover, we have given it an effect inconsistent with the legislative determination that other statutorily prescribed locations for actions under §§ 6-3-2 and 6-3-7 are generally and presumptively appropriate.”
Ivey v. Windom, 840 So. 2d 885 (Ala. 2002). “The trial court correctly noted that venue in this case is determined pursuant to § 6-3-2(a)(3), Ala.Code 1975. That section provides: “(a) In proceedings of a legal nature against individuals: [[Image here]] “(3) All other personal actions, if the defendant or one of the…”
Fleet Force, Inc. v. Adams, 11 So. 3d 243 (Ala. Civ. App. 2008). “, Choctaw County) or the county in which the act or omission complained of may have been done or may have occurred (a provision which, as we noted in connection with § 6-3-7(a)(1), can have no application in this case because the occurrence giving rise to the employee’s claimed…”
Ex Parte Walter Indus., Inc., 879 So. 2d 547 (Ala. 2003).
Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996). “The general venue provision for actions against individuals contained in Ala.Code 1975, § 6-3-2, was first codified in the Code of 1852, which provided in pertinent part: "No freeholder of this state, having a permanent residence within it, must be sued out of the county of his…”
— Ala. Code § 6-3-2(a)(l) — 2 cases
S. Christian Leadership Conf. v. Sessions, 56 F.3d 1281 (11th Cir. 1995).
Sullivan v. Russell Corp., 640 So. 2d 921 (Ala. 1994).
— Ala. Code § 6-3-2(b) — 8 cases
Ex Parte Chatmon, 968 So. 2d 999 (Ala. Civ. App. 2007).
Jones v. Ingram, 681 So. 2d 1062 (Ala. 1996).
Del Mercado v. Owens, 723 So. 2d 19 (Ala. 1998).
Alabama Dep't of Env't Mgmt. v. Water Works & Sewer Bd., 623 So. 2d 1061 (Ala. 1993).
— Ala. Code § 6-3-2(b)(1) — 8 cases
Ex Parte AU Hotel, Ltd., 677 So. 2d 1160 (Ala. 1996). “The general venue provision for actions against individuals contained in Ala.Code 1975, § 6-3-2, was first codified in the Code of 1852, which provided in pertinent part: "No freeholder of this state, having a permanent residence within it, must be sued out of the county of his…”
Saulsberry v. Thomasville Feed & Seed, Inc., 74 So. 3d 940 (Ala. 2011).
S. Christian Leadership Conf. v. Sessions, 56 F.3d 1281 (11th Cir. 1995).
Taylor v. Loma Alta Towers, Inc., 583 So. 2d 1301 (Ala. 1991).
— Ala. Code § 6-3-2(b)(2) — 1 case
Christie Teague v. John Hamm, in his Off. capacity as Comm'r of the Alabama Dep't of Corr. (Appeal from Lawrence Circuit Court: CV-21-900046). (Ala. Civ. App. 2024).
— Ala. Code § 6-3-2(b)(3) — 2 cases
State ex rel. C.M. v. C.H., 828 So. 2d 291 (Ala. 2002).
Ex Parte State Ex Rel. CM, 828 So. 2d 291 (Ala. 2002).
— Ala. Code § 6-3-2(b)(l) — 5 cases
In re Est. of Wesson v. Wesson, 514 So. 2d 947 (Ala. 1987).
Taylor v. Loma Alta Towers, Inc., 583 So. 2d 1301 (Ala. 1991).
Cannon v. Alabaster Water & Gas Bd., 508 So. 2d 222 (Ala. 1987).
Alabama Dep't of Env't Mgmt. v. Water Works & Sewer Bd., 623 So. 2d 1061 (Ala. 1993).
Clardy v. S & M Farms, Inc., 460 So. 2d 1273 (Ala. 1984).
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