- (a) A trial conducted by a private judge shall be conducted without a jury.
(b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to the following:
- (1) Court procedure.
- (2) Deciding the outcome of the case.
- (3) Attendance of witnesses.
- (4) Punishment of contempt.
- (5) Enforcement of orders.
- (6) Administering oaths.
- (7) Giving all necessary certificates for the authentication of the records and proceedings.
- (c) A person appointed as a private judge pursuant to the terms of this chapter shall have immunity in the same manner and to the same extent as a judge in the State of Alabama.
(d) All proceedings in an action heard by a private judge are of record and must be:
- (1) Filed with the clerk of the circuit court in the county of proper venue under the Alabama Rules of Civil Procedure.
- (2) Made available to the public in the same manner as circuit court records.
- (e) The Alabama Rules of Civil Procedure shall apply for all actions brought before a private judge. The private judge shall maintain jurisdiction over all matters brought before him or her to the same extent as matters before a trial court, including all post-trial proceedings and subsequent proceedings between the same parties arising from the same case. An appeal from an action or a judgment of a private judge may be taken in the same manner as an appeal from the circuit court of the county where the case is filed.
(Act 2012-266, p. 514, §4; Act 2018-384, §1.)