Ala. Code
Code of Alabama

Ala. Code § 6-6-227 (2026)

Persons to Be Made Parties; Rights of Persons Not Parties.

✓ official Alabama Legislature (ALISON) text, current July 2026
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All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance, or franchise, such municipality shall be made a party and shall be entitled to be heard; and if the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §166.)

Notes of Decisions
Cited in 111 cases (7 in the last 5 years), 1980–2026 · leading case: Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
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Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016). · cites it 10× “16 See § 6-6-227, Ala. Code 1975 (“In any proceeding which involves the validity of a municipal ordinance, or franchise, such municipality shall be made a party and shall be entitled to be heard; and if the statute, ordinance, or franchise is alleged to be unconstitutional, the…”
Marnika Lewis v. Governor of Alabama, 944 F.3d 1287 (11th Cir. 2019). · cites it 3× “See Ala. Code § 6-6-227 ; Ala. R. App. P. 44.”
Guy v. Sw. Ala. Council on Alcoholism, 475 So. 2d 1190 (Ala. Civ. App. 1985). · cites it 11× “On appeal the employer argues that the widow's failure to serve the attorney general violates Ala.Code (1975), § 6-6-227. We agree. Section 6-6-227 states, in pertinent part, "In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality…”
Ex Parte State, 960 So. 2d 722 (Ala. 2006). · cites it 16× “This Court granted the State's petition for the writ of certiorari to review the Court of Criminal Appeals' holding that § 6-6-227, Ala.Code 1975, which requires any party challenging the constitutionality of a statute to serve the complaint on the attorney general, does not…”
Stamps v. Jefferson Cnty. Bd. of Educ., 642 So. 2d 941 (Ala. 1994). · cites it 4× “Pursuant to § 6-6-227, that entity would not be bound by a court's construction in this action of the NPA's relevant provisions.”
Boyd v. State, 960 So. 2d 717 (Ala. Crim. App. 2006). · cites it 7× “The household included Boyd's victim, E., "at one point." The household included E.”
Ex Parte Jefferson Cnty., 767 So. 2d 343 (Ala. 2000). · cites it 13× “The county argues that the plaintiff taxpayers failed to timely serve the attorney general under Ala.Code 1975, § 6-6-227, and, therefore, that the trial court never acquired jurisdiction to rule on the constitutional challenge.”
Schillaci v. Gentry (Ex parte Gentry), 238 So. 3d 66 (Ala. Civ. App. 2017). · cites it 4× “The attorney general has appeared as a respondent and argues that the trial court was, and this court is, without jurisdiction to consider the facial constitutionality of the GVA, or, more specifically, § 30-3-4.”
Etowah Baptist Ass'n. v. Entrekin, 45 So. 3d 1266 (Ala. 2010). · cites it 4× “The judgment in this case, which presents a challenge to the validity or constitutionality of those legislative acts, is void for failure of the parties to comply with the provisions of Ala.Code § 6-6-227 (1975), requiring service of process on the Attorney General.”
Dodd v. Burleson, 932 So. 2d 912 (Ala. Civ. App. 2005). · cites it 2× “Ala.Code 1975, § 6-6-227, a portion of the Declaratory Judgment Act, states that "[i]n any proceeding .”
Tucker v. Pers. Bd. of City of Dothan, 644 So. 2d 8 (Ala. Civ. App. 1994). · cites it 6× “Ala.Code 1975, § 6-6-227, requires that, in any proceeding in which a “statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard.”
Ex parte J.W.B., 230 So. 3d 783 (Ala. 2016). · cites it 2× “did not explain why his constitutional argument did not require compliance with § 6-6-227, Ala. Code 1975. 4 See Landers v.”
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