Ala. Code
Code of Alabama

Ala. Code § 6-5-1 (2026)

Right to Commence Actions - Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) The state may commence an action in its own name and is entitled to all remedies provided for the enforcement of rights between individuals without giving bond or security or causing an affidavit to be made, though the same may be required as if the action were between private citizens.

(b) The district attorney of the circuit in which an action by the state is pending must attend to the same on the part of the state, and the Governor of the state may employ assistant counsel if he deems it necessary. The written direction of the Governor to the attorney of record is sufficient authority for commencing such an action, and the trial judge may determine the amount of compensation. If unsuccessful, the state is liable for costs as individual parties are.

(c) Actions commenced by the state are to be governed by the same rules as in actions between individuals.

(Code 1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755; Code 1886, §§2573, 3416; Code 1896, §§12, 671; Code 1907, §§2440, 3087; Code 1923, §§5644, 6518; Code 1940, T. 7, §§72, 292.)

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1985–2024 · leading case: Riley v. Cornerstone Cmty. Outreach, Inc., 57 So. 3d 704 (Ala. 2010).
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Riley v. Cornerstone Cmty. Outreach, Inc., 57 So. 3d 704 (Ala. 2010). “constrained to hold that the Attorney General must file the suits in question under [the predecessor statutes to § 6-5-1 and § 6-5-4, Ala.Code 1975,] when directed by the Governor to do so.”
Alabama ex rel. Galanos v. Star Serv. & Petroleum Co., 616 F. Supp. 429 (S.D. Ala. 1985). · cites it 2× “Ala.Code §§ 6-5-1, 12-17-184(3) (1975). As already mentioned, the Act confirms this authority with regards to this statutory scheme.”
State of Ala. Ex Rel. Galanos v. STAR SERV. & PET., 616 F. Supp. 429 (S.D. Ala. 1985). · cites it 2× “Ala.Code §§ 6-5-1, XX-XX-XXX(3) (1975). As already mentioned, the Act confirms this authority with regards to this statutory scheme.”
Lanell Puckett v. The Bd. of Trs. of the Univ. of Alabama, for its Div., the Univ. of Alabama at Birmingham Hosp. (Appeal from Jefferson Circuit Court: CV-23-900676). (Ala. 2024). “; see also § 6-5-1(c), Ala. Code 1975 ("Actions commenced by the state are to be governed by the same rules as in actions between individuals.”
— Ala. Code § 6-5-1(c) — 1 case
Lanell Puckett v. The Bd. of Trs. of the Univ. of Alabama, for its Div., the Univ. of Alabama at Birmingham Hosp. (Appeal from Jefferson Circuit Court: CV-23-900676). (Ala. 2024). “; see also § 6-5-1(c), Ala. Code 1975 ("Actions commenced by the state are to be governed by the same rules as in actions between individuals.”
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