HB 328 — Relating to civil procedure; to amend Sections 6-6-544 and 6-6-570, Code of Alabama 1975, to provide further for the recording of certain judgments concerning real property.
Last action — Enacted as 2023-520
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 18, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Civil procedure; filing of judgments concerning real property, further provided
Bill Text
What changed in the latest version
78 added · 75 removedPlain-language change summary
The updated version of Bill HB 328 clarifies the process for recording certain judgments related to real property. It specifies that once a judgment is final and cannot be appealed, the winning party must file a certified copy with the probate court, and the costs of this filing are considered part of the case expenses. This change matters because it ensures that judicial decisions regarding property are officially documented more clearly and that the responsibilities for filing these documents are well defined, potentially leading to a more efficient legal process.
HB328 ENGROSSEDENROLLED UBZZDG-2UBZZDG-3 By Representatives Robbins, Stadthagen RFD:
18-Apr-23 2023 Regular Session Page 0 HB328 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to civil procedure;
The probate judge of probate shall record the judgment in the same book and manner in which deeds are recorded and index the names of defendants or parties against whom the relief is granted in the direct index and the names of the plaintiffs or parties quieted in possession of the land in the reverse Page 1 HB328 Engrossed index." "§6-6-570 (a) The court shall, in the judgment, shall order that a certified copy thereofof the judgment be recorded in the office of the judge of probate for the county in which the Page 1 HB328 Enrolled lands lie, and in the judgment direct in whose names itthe judgment shall be indexed on the direct index and in whose names itthe judgment shall be indexed on the indirect index of the record thereof.
Page 2 HB328 EngrossedEnrolled House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................18-Apr-23Officer toof the Senate House of Representatives committeeI onhereby Judiciarycertify Readthat for the secondwithin timeAct originated in and placedwas ................03-May-23passed onby the calendar:House 24-May-23, as amended.
1 amendment Read for the third time and passed ................24-May-23 as amended Yeas 100 Nays 0 Abstains 2 John Treadwell Clerk Senate 06-Jun-23 Passed Page 3
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Ben Robbins · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Not Voting |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 25 | 0 | 0 | 1 |
| Total | 99 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 24 | 0 | 0 | 2 |
| Total | 98 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 328 do?
- Civil procedure; filing of judgments concerning real property, further provided
- Who sponsors HB 328?
- HB 328 is sponsored by Ben Robbins (R).
- What is the current status of HB 328?
- This bill has been enacted into law. Introduced April 18, 2023. Enacted.
- Where can I track HB 328?
- Track HB 328 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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