Amendment vs bill Judiciary Amendment 1FCM3Z-1 vs Enrolled

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HB328 ENROLLED UBZZDG-3 By Representatives Robbins, Stadthagen RFD:
1FCM3Z-1 :
Judiciary First Read:
5/3/2023 :
18-Apr-23 2023 Regular Session Page 0 HB328 Enrolled Enrolled, An Act, 3 Relating to civil procedure;
CMH AMENDMENT TO HB328 1ST JUDICIARY AMENDMENT TO HB328 OFFERED BY REPRESENTATIVE FAULKNER 2 4 Replace lines 28 through 31 on pages 1 and 2 with the following:
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.
the entry of a judgment under this division, file the same after a judgment entered under this division becomes final, with no possibility of post-trial motions or appellate review, the prevailing party shall file a certified copy of the Replace lines 42 through 44 on page 2 with the following:
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
(a) The court shall, in the judgment, shall order that a certified copy thereofof Replace lines 51 through 52 on page 2 with the following:
Section 1.
(b) Within 30 days from after the the entry of the judgment becomes final, with no possibility of post-trial motions or appellate review, the judge of Page 1
Sections 6-6-544 and 6-6-570, Code of Alabama 1975, are amended to read as follows:
"§6-6-544 The register or clerk shall, withinWithin 30 days from the entry of a judgment under this division, file the same after a judgment entered under this division becomes final, with no possibility of post-trial motions or appellate review, the prevailing party shall file a certified copy of the judgment or a certified transcript thereof for record in the probate court of the county in which the land lies and tax assume the expense thereof in the costsas a cost of the case.
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 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.
The register or clerk shall, within (b) Within 30 days from after the the entry of the judgment becomes final, with no possibility of post-trial motions or appellate review, the judge of probate shall accept from the prevailing counsel or partyfile a certified copy thereof of the judgment in the office of the judge of probate for record and tax the expense thereof as part of the cost of the case.
The judge of probate shall record such the copy in the same book and manner in which deeds are recorded and index the same as in said the judgment ordered or directed.
Said The judgment shall be binding upon all persons except as is provided in this division." Section 2.
In any judgment concerning real property under Chapter 6 of Title 35, the judgment shall be recorded in the same manner as provided under Section 6-6-544, Code of Alabama 1975.
Section 3.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 2 HB328 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 24-May-23, as amended.
John Treadwell Clerk Senate 06-Jun-23 Passed Page 3