Ala. Code
Code of Alabama

Ala. Code § 6-3-9 (2026)

Venue of Actions - Where Prison System Involved.

✓ official Alabama Legislature (ALISON) text, current July 2026
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All actions where the prison system or the state on account of the prison system is interested must be commenced in Montgomery County in any court having jurisdiction of the amount involved, except actions to condemn property under Section 18-1A-271, which must be commenced in the county where the property sought to be condemned is located. And if, on the trial of any case in any county, it is suggested by the Board of Corrections or is otherwise shown that the state is interested on account of the prison system, such case must be transferred to the proper court of Montgomery County. All actions commenced under this section must be commenced in the name of the state.

(Code 1886, §4650; Code 1896, §4518; Code 1907, §6570; Code 1923, §10473; Code 1940, T. 7, §62.)

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2003–2025 · leading case: Latham v. Dep't of Corr., 927 So. 2d 815 (Ala. 2005).
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Latham v. Dep't of Corr., 927 So. 2d 815 (Ala. 2005). · cites it 2× “DOC, ACI, Carter, and Campbell moved the Morgan Circuit Court to transfer the action to the Montgomery Circuit Court pursuant to § 6-3-9, Ala.Code 1975. [6] The Morgan Circuit Court granted the motion and transferred the action to the Montgomery Circuit Court.”
Wilson v. Thomas, 110 So. 3d 363 (Ala. 2012). · cites it 2× “On March 3, 2011, ADOC, ACIFA, and Thomas, who succeeded Allen as commissioner of ADOC and vice president of ACIFA on January 17, 2011, 1 moved the trial court to transfer the action to the Montgomery Circuit Court pursuant to § 6-3-9, Ala. Code 1975, which provides that “if, on…”
Boykins v. State, 862 So. 2d 594 (Ala. Crim. App. 2003). “See also § 6-3-9, Ala. Code 1975. Because DOC maintains its headquarters in Montgomery County, Boykins's petition should have been filed in Montgomery County.”
McConico v. State, 8 So. 3d 308 (Ala. Civ. App. 2008). · cites it 2× “NOTES [1] The Jefferson Circuit Court cited § 6-3-9, Ala.Code 1975, in its order setting aside the order of dismissal.”
Ex Parte Chatmon, 968 So. 2d 999 (Ala. Civ. App. 2007). “Section 6-3-9, Ala.Code 1975, allows an action of that nature to be transferred to Montgomery County at any time before trial.”
Ex parte Joshua Lashawn Booth PETITION FOR WRIT OF CERTIORARI TO THE COURT OF Crim. APPEALS (In re: Alabama Dep't of Corr. v. Joshua Lashawn Booth) (Bibb Circuit Court: CV-22-900034; Court of Crim. Appeals: CR-2023-0426). (Ala. 2024). · cites it 15× “Judge Minor concurred in the result, with an opinion, which states, in pertinent part, as follows: "I concurred in the result in Cook and issued a separate writing: " 'Under § 6-3-9, Ala.”
Ex parte Andrew J. Scarborough, as the Adm'r of the Est. of Timothy John Chumney, PETITION FOR WRIT OF MANDAMUS (In re: Andrew J. Scarborough, as the Adm'r of the Est. of Timothy John Chumney v. Wexford Health Sources Inc.) (Montgomery Circuit Court: CV-20-900628). (Ala. 2025). · cites it 6× “It also expressly 4 SC-2024-0572 alleged that venue was proper in the Montgomery Circuit Court pursuant to § 6-3-9, Ala. Code 1975. 2 On May 29, 2020, the defendants filed a motion to dismiss Scarborough's complaint pursuant to Rule 12(b)(6).”
Alabama Dep't of Corr. v. Joshua Lashawn Booth (Appeal from Bibb Circuit Court: CV-22-900034) (Ala. Crim. App. 2024). · cites it 5× “2023), the Court reverses the judgment of the circuit court because Booth petitioned in the wrong venue under § 6-3-9, Ala. Code 1975. I concurred in the result in Cook and issued a separate writing: "Under § 6-3-9, Ala.”
Alabama Corr. Inst. Fin. Auth. v. Wilson, 197 So. 3d 444 (Ala. 2015). “On March 3, 2011, ADOC, ACIFA, and Thomas, who succeeded Allen as commissioner of ADOC and vice president of ACIFA on January 17, 2011, moved the trial court to transfer the action'to the Montgomery Circuit Court pursuant to § 6-3-9, Ala.Code 1975_On or about May 24, 2011, the…”
United States Steel Corp. v. Chatmon, 968 So. 2d 999 (Ala. Civ. App. 2007). “Section 6-3-9, Ala.Code 1975, allows an action of that nature to be transferred to Montgomery County at any time before trial.”
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