Alabama circuit courts are the state’s general-jurisdiction trial courts, handling every felony prosecution, civil disputes where more than $20,000 is at stake, divorce and custody matters, and equitable claims like injunctions and foreclosures. Forty-one judicial circuits cover all sixty-seven counties, and the judges who sit in them are elected to six-year terms. These are the courts where jury trials happen, where major lawsuits are decided, and where appeals from district, probate, and municipal courts get a fresh hearing.
What Alabama Circuit Courts Handle
Civil Cases by Dollar Amount
Alabama Code § 12-11-30 draws the line based on money. Circuit courts have exclusive original jurisdiction over civil actions where the amount in controversy exceeds $20,000, not counting interest and costs. Between $6,000 and $20,000, circuit and district courts share concurrent jurisdiction, so the plaintiff can choose.1Alabama Legislature. Alabama Code 12-11-30 – Generally If a mid-range case lands in district court, the defendant can remove it to circuit court and demand a jury. District courts cap out at $20,000.2Alabama Legislature. Alabama Code 12-12-30 – Civil Jurisdiction Generally
Any significant personal injury claim, large contract dispute, or complex property fight will end up in circuit court, with its full discovery process, formal motion practice, and jury trial rights.
Felonies
Every felony prosecution in Alabama runs through circuit court. Felonies are crimes carrying more than one year of imprisonment, and the list runs from drug trafficking and robbery to burglary and murder.3Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies Arraignment, pretrial hearings, trial, and sentencing all happen at the circuit level, and the full set of constitutional protections attaches: counsel, confrontation of witnesses, and jury trial.
Divorce, Custody, and Support
Divorce, child custody, alimony, and child support fall within circuit court jurisdiction. Judges divide property, enter parenting plans, and issue support orders that carry the force of law. Violating one of those orders can mean contempt, fines, or jail. These cases often require detailed financial disclosures and frequently involve mediation before trial.
Equitable Relief
If you need an injunction, a foreclosure, partition of property, contract reformation, or a quiet-title action, circuit court is where that claim belongs. District courts generally cannot grant equitable relief, so circuit judges handle restraining orders, enforcement of restrictive covenants, and trust disputes.
Appeals From Lower Courts
Circuit courts also sit as appellate courts for decisions from district, probate, and municipal courts. The review is usually a trial de novo: the circuit judge hears the entire case fresh, as if the lower court proceeding never happened. A party who lost a small-claims matter in district court or disagrees with a probate ruling gets a complete second hearing.
How the Circuits Are Organized
Alabama divides its sixty-seven counties into forty-one judicial circuits. Some circuits consist of a single high-population county; others group several smaller counties together. Each county keeps its own courthouse and clerk’s office, so even in multi-county circuits the court travels to each location to hold sessions. A presiding judge manages scheduling, docket assignments, and local procedural rules.
Who Can Be a Circuit Judge
A candidate must be admitted to practice law in Alabama, have been licensed by a state bar association for at least seven years before taking office, and have lived in the circuit for at least one year before the election. No one may be elected or appointed to a circuit judgeship after age 70, and anyone suspended or disbarred within the preceding ten years is disqualified.4Alabama Secretary of State. Minimum Qualifications for Public Office
Elections, Terms, and Vacancies
Voters choose circuit judges through partisan elections. Each judge serves a six-year term and must run again to continue.5Alabama Legislature. Alabama Constitution Article VI Section 154 – Tenure of Office When a seat opens mid-term, the Governor appoints a replacement. That appointee serves until the first Monday after the second Tuesday in January following the next general election held after the judge has completed one year in office, at which point voters fill the seat.6Alabama Legislature. Alabama Code 17-14-6 – Judges and Clerks; Vacancies
Filing a Civil Case in Circuit Court
Deadlines That End Cases Before They Start
Missing a statute of limitations is one of the most common ways people lose the right to sue. Alabama Code § 6-2-38 sets the clock for most civil claims. The two-year window covers the broadest category: “any injury to the person or rights of another not arising from contract.”7Alabama Legislature. Alabama Code 6-2-38 – Commencement of Actions The deadlines that matter most:
- Personal injury: two years from the date of injury
- Wrongful death: two years from the date of death
- Medical malpractice: two years from the malpractice, with an absolute four-year statute of repose regardless of when the patient discovers the harm
- Defamation (libel or slander): two years
- Product liability: generally one year from injury, with a ten-year statute of repose from the date the product was first used
- Contracts for sale of goods: four years from the breach, which parties can shorten by agreement to as little as one year8Alabama Legislature. Alabama Code 7-2-725 – Statute of Limitations in Contracts
Once a deadline passes, the court will dismiss the case regardless of its merits. Exceptions are rare.
Filing Fees
Starting a civil lawsuit requires paying a docket fee at filing. The amount depends on the case:
- General civil cases over $50,000: $297
- General civil cases of $50,000 or less: $197
- Uncontested domestic relations cases: $145
- Contested domestic relations cases: $145
- Domestic relations modification or enforcement: $248
- Counterclaims, cross-claims, and third-party complaints: $297
Multiple plaintiffs add $100 each, capped at $1,000 per case.9Alabama Legislature. Alabama Code 12-19-71 – Circuit and District Court Filing Fee These are docket fees only; service of process, jury demand fees, and other costs come separately.
Electronic Filing Through AlaFile
Since October 2012, attorneys have been required to file documents electronically through AlaFile. Self-represented parties are not required to use it but may register. Documents must be PDFs, and files over ten megabytes will be rejected and have to be broken into smaller segments or filed on paper. Certain filings cannot go through the system at all, including petitions for post-conviction remedies, documents filed under seal, election contests, expungements, and trial exhibits. Fees are paid by credit or debit card, with a 4% convenience fee added. For registered users, the system-generated notice of electronic filing counts as service; if the opposing party is not registered, the filer must serve a paper copy.10Alabama Judicial System. Administrative Policies and Procedures for Electronic Filing in the Civil Divisions of the Alabama Unified Judicial System
Mandatory Mediation
Alabama’s Mandatory Mediation Act gives circuit judges broad power to send civil cases to mediation. Under § 6-6-20, mediation is required when any party files a motion requesting it, and the judge can order it even without a request. When all parties agree, mediation happens automatically, and refusing after a court order can bring sanctions.11Alabama Center for Dispute Resolution. Alabama Mandatory Mediation Act
Who pays depends on who triggered the process. If one party requested mediation, that party pays the mediator’s fees unless both sides agree to split. If the judge ordered mediation without a request, the judge can divide costs.
Some cases are off limits. Courts cannot order mediation in domestic violence protection cases, or in custody and visitation disputes where a protective order is in place or the court finds domestic violence has occurred. Cases involving child support, adult protective services, or child protective services where the Department of Human Resources is a party are also excluded. When a mediator receives a court referral, they must screen for domestic violence, and mediation may proceed only if the victim requests it, the mediator has specialized domestic violence training, and the victim can bring a support person.
How Felony Cases Move Through Circuit Court
Most felony cases don’t start in circuit court. They begin with an arrest and an initial appearance in district court, where a judge determines probable cause and sets bail. If probable cause exists, the case is bound over to a grand jury. Alabama’s constitution guarantees citizens the right to have felony charges presented to a grand jury before prosecution proceeds.
The grand jury reviews evidence behind closed doors. If at least twelve grand jurors vote to indict, the case is “true billed” and moves to circuit court for prosecution. That indictment becomes the formal charging document. Without it, most felony cases cannot proceed to trial.
Felony Sentencing Ranges
Alabama classifies felonies into four tiers, each with a statutory range. Circuit judges sentence within these limits after a conviction or guilty plea:
- Class A felony: 10 to 99 years, or life. Includes murder, first-degree rape, and first-degree robbery.
- Class B felony: 2 to 20 years. Includes first-degree burglary and certain drug trafficking offenses.
- Class C felony: 1 year and 1 day to 10 years. Includes second-degree assault and some theft offenses.
- Class D felony: 1 year and 1 day to 5 years. The lowest felony class.
Firearm or deadly weapon involvement raises the floor. A Class A felony committed with a firearm carries a minimum of 20 years. Class B and C felonies involving a firearm carry minimums of 10 years.3Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
The Alabama Sentencing Commission, an agency of the state Supreme Court, publishes voluntary sentencing standards and worksheets that guide judges based on the offense and the defendant’s history. A probation officer or prosecutor presents the completed worksheet before sentencing, and the judge must review it and consider the recommended range. A judge can depart from the recommendation but may be asked to give a brief written reason, which the Commission collects for statistical analysis. These departures are not subject to appellate review.12Alabama Sentencing Commission. Statute
Repeat offenders face steeper consequences under the Habitual Felony Offender Act, which mandates longer sentences for each new felony conviction. At the extreme, a person convicted of a Class A felony with three prior felony convictions, including at least one prior Class A, faces mandatory life without parole.
Jury Trials and What Happens After
Circuit courts are where jury trials happen. District courts generally resolve cases through bench trials, so the right to have a jury decide the case is one of the main reasons disputes move to the circuit level. In criminal cases, the jury must reach a unanimous verdict. In civil cases, the jury decides liability and damages.
Post-Trial Motions
Losing at trial doesn’t necessarily end the fight. Alabama gives parties 30 days after entry of judgment to file two key post-trial motions. A motion for judgment as a matter of law (formerly judgment notwithstanding the verdict) asks the judge to override the jury because no reasonable jury could have reached that conclusion on the evidence. A motion for new trial argues that errors during the proceedings, newly discovered evidence, or other problems warrant starting over. File after 30 days and the court lacks authority to consider the motion.
Appeals
If post-trial motions fail or aren’t filed, the next step is an appeal. The notice of appeal must be filed with the circuit court clerk within 42 days of the judgment. For certain interlocutory orders, including decisions on injunctions, receivers, or the right to public office, the deadline shrinks to 14 days.13Alabama Judicial System. Alabama Rules of Appellate Procedure – Rule 4 Civil cases go to the Alabama Court of Civil Appeals; criminal cases go to the Alabama Court of Criminal Appeals. Both review the circuit court record for legal errors but do not hold new trials or hear new evidence. The 42-day clock starts the moment the judgment is entered on the docket, and extensions are rare.
Complaints Against a Circuit Judge
The Judicial Inquiry Commission investigates complaints against Alabama judges, circuit judges included. Complaints must be in writing, signed, and notarized; anonymous complaints are not considered. Within 70 days of receiving a complaint, the Commission decides whether to investigate further. If it opens an investigation, it notifies the judge within 14 days and shares the supporting materials.14Judicial Inquiry Commission of Alabama. Complaint Process
The Commission cannot change a ruling, reverse a decision, or modify an order. Its authority is limited to judicial conduct, not legal outcomes. If the Commission finds merit, it files formal charges in the Court of the Judiciary, which hears the case and determines sanctions. During fiscal year 2023, the Commission received 166 complaints, opened investigations on 27, and filed charges against two judges. If a complaint is dismissed, the complainant receives a letter but has no formal appeal; the only option is to file a new signed and notarized complaint with additional allegations and request reconsideration.