There is a newer version of the Code of Alabama
AL Code § 6-9-192 (2014) What's This?
Section 6-9-192Revival of judgment of district or circuit court when execution did not issue.
No execution shall issue on a judgment of the district or circuit court on which an execution has not been sued out within 10 years of its entry until the same has been revived by appropriate motion or action under the Alabama Rules of Civil Procedure.
(Code 1852, §2419; Code 1867, §2830; Code 1876, §3174; Code 1886, §2923; Code 1896, §1925; Code 1907, §4148; Code 1923, §7863; Code 1940, T. 7, §574.)
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Certainly! The legal concept you're referring to, found in Section 6-9-192 of the 2014 Code of Alabama under Title 6 - Civil Practice, specifically deals with the revival of a judgment when an execution hasn't been initiated within 10 years of its entry. This statute prevents the automatic issuance of an execution on a judgment after a decade has passed without enforcement. Instead, it necessitates a revival of the judgment through a proper motion or action in accordance with the Alabama Rules of Civil Procedure.
This provision has a historical lineage dating back through various iterations of the Alabama legal code, evolving over time from the Code of 1852 to the Code of 1940. The essence remains consistent: to ensure that judgments, particularly those from district or circuit courts, aren't indefinitely enforceable without a revived legal action following a substantial time lapse.
Regarding legal details within this section:
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No Automatic Execution: It explicitly states that no execution can be issued on a judgment if an execution hasn't been pursued within 10 years of its entry.
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Revival Process: The statute outlines the requirement for the judgment to be revived through appropriate motions or actions under the Alabama Rules of Civil Procedure. This implies that parties seeking to enforce such judgments beyond the 10-year period must follow the procedural rules stipulated by the state.
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Legal Evolution: The provision's history, traced through various versions of the Alabama legal code from the mid-19th century to the Code of 1940, signifies the importance and enduring nature of this principle in the state's legal system.
The disclaimer accompanying the code section emphasizes the importance of consulting the most recent and official sources for accurate and current legal information. The references to Alabama Rules of Civil Procedure also indicate that legal practitioners need to follow specific procedures outlined in these rules to revive such judgments.
Understanding these legal concepts requires a grasp of not only the text of the statute but also the historical context, the legal precedents, and the procedural requirements laid out by the Alabama Rules of Civil Procedure to effectively navigate and apply this statute in legal practice.
