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Alabama Statutes

§ 12-20-28 — Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - in Pending Action or Proceeding

Alabama § 12-20-28
JurisdictionAlabama
Title 12Courts
Ch. 20Judicial and Other Public Records
Art. 2Judicial Records

This text of Alabama § 12-20-28 (Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - in Pending Action or Proceeding) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ala. Code § 12-20-28 (2026).

Text

If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his attorney of record, if he has such an attorney, accompanied with a copy of the paper offered in substitution; but, if such adverse party or his attorney of record does not reside in the county, notice may be given by the filing of the paper and the entry of a motion to substitute, or the filing of such motion, for one day prior to the making thereof. On the hearing of such motion, affidavits and counter affidavits may be received as to the correctness of the proposed substitute.

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Legislative History

(Code 1886, §657; Code 1896, §2648; Code 1907, §5740; Code 1923, §10133; Code 1940, T. 7, §9.)

Nearby Sections

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Effect of Rules of Supreme Court of Alabama
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Punishment by Courts for Contempt
§ 12-1-11
Appeal to Appellate Court by Attorney or Officer from Judgment of Contempt
§ 12-1-12
Grounds for Disqualification of Judges from Trial of Cases Generally
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Grounds for Disqualification of Justices of Supreme Court and Judges of Courts of Appeals from Participation in Decision of Cases
§ 12-1-14
Appointment, Powers, Compensation, Etc., of Special Judges for Circuit, District, or Probate Court
§ 12-1-14.1
Appointment of Special Judge Upon Request; Temporary Service
§ 12-1-14.2
Senior Judge Status
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Benefits to Which Judges, Officers, Employees, Etc., of Judicial Branch of Government Entitled; Uniformity of Treatment as to Benefits, Etc., of Supernumerary Justices and Judges and Retired Justices and Judges; Failure by Justice or Judge to Apply for Supernumerary or Retirement Benefits at Time of Leaving Active State Service Not to Forfeit Entitlement to Rights
§ 12-1-16
Voluntary Diminution of Compensation, Benefits, Etc., by Judges, Officers, Employees, Etc., of Judicial Branch of Government
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Reimbursement of Travel Expenses of Judges, Officers, Etc., of Appellate Courts Attending Judicial Colleges, Seminars, Etc
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Reimbursement of Travel Expenses of Circuit Judges, District Court Judges, Municipal Judges, Court-Supportive Personnel, Etc.; Effect of Failure to Attend Educational Conference, Seminar, Etc., When Attendance Ordered
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Monthly Reports of Clerks of Circuit, District and Municipal Courts as to Fines, Fees, Etc., Collected
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Vesting of Judicial Power of State Generally
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Appellate Courts, Administrative Office of Courts and Department of Court Management Authorized to Contract with Counties, Municipalities, Etc., for Offices and Other Physical Facilities for Courts
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Bluebook (online)
Alabama § 12-20-28, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/12-20-28.