(a) In-state service. All process may be served anywhere in this state and, when authorized by law or by these rules, may be served outside this state.
Rule 4.2.Process. Basis for and methods of out-of-state service.
Last amended August 1, 2004 · Last verified July 6, 2026
In one sentenceRule 4.2 lets Alabama courts serve process on people and entities outside the state whenever their contacts with Alabama make it constitutionally fair to require them to defend a lawsuit there, effectively giving Alabama courts long-arm reach to the limits the Constitution allows.
Full Text of Rule 4.2
(b) Basis for out-of-state service. An appropriate basis exists for service of process outside of this state upon a person or entity in any action in this state when the person or entity has such contacts with this state that the prosecution of the action against the person or entity in this state is not inconsistent with the constitution of this state or the Constitution of the United States; or, the person or entity is sued in the capacity of guardian of a ward, or executor, administrator, or other personal representative of an estate, for the acts or omissions of a decedent or ward, and the person or entity so sued does not otherwise have sufficient contacts with this state in that capacity, but the decedent or ward would have been deemed to have sufficient contacts with this state if the action could have been maintained against the decedent or ward.
(dc) District court rule. Rule 4.2 applies in the district courts.
Amendment History
[Adopted 10-14-76, eff. 1-16-77; Amended eff. 10-1-95; Amended eff. 8-1-2004.]
Committee Comments
Committee Comments on 1977 Complete Revision
Committee Comments on Complete Revision to Rules 4, 4.1, 4.2, 4.3, and 4.4, effective August 1, 2004
Committee Comments to Amendment to Rule 4.2 Effective August 1, 2004
This rule has been completely rewritten and now combines the provisions for territorial limits of service. New subdivision 4.2(a) was formerly Rule 4(b). Subdivision 4.2(b) is taken from former 4.2(a)(1)(B). New 4.2(b) is, in effect, Alabama’s “long-arm statute.” The structure of former 4.2 included a “laundry list” of types of conduct that would subject an out-of-state defendant to personal jurisdiction in Alabama, as well as containing the “catchall” clause now contained in new 4.2(b). Because the “catchall” clause has consistently been interpreted to go to the full extent of federal due process, see, for example, Martin v. Robbins, 628 So.2d 614, 617 (Ala.1993), it is no longer necessary to retain the “laundry list” in the text of the Rule. The so-called “laundry list,” former Rule 4.2(a)(2)(A)(H), read as follows:
“(2) SUFFICIENT CONTACTS. A person has sufficient contacts with the state when that person, acting directly or by agent, is or may be legally responsible as a consequence of that person’s:
“(A) transacting any business in this state;
“(B) contracting to supply services or goods in this state;
“(C) causing tortious injury or damage by an act or omission in this state including but not limited to actions arising out of the ownership, operation or use of a motor vehicle, aircraft, boat or watercraft in this state;
“(D) causing tortious injury or damage in this state by an act or omission outside this state if the person regularly does or solicits business, or engages in any other persistent course of conduct or derives substantial revenue from goods used or consumed or services rendered in this state;
“(E) causing injury or damage in this state to any person by breach of warranty expressly or impliedly made in the sale of goods outside this state when the person might reasonably have expected such other person to use, consume, or be affected by the goods in this state, provided that the person also regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;
“(F) having an interest in, using, or possessing real property in this state; “(G) contracting to insure any person, property, or risk located within this state at the time of contracting;
“(H) living in the marital relationship within this state notwithstanding subsequent departure from this state, as to all obligations arising from alimony, custody, child support, or property settlement, if the other party to the marital relationship continues to reside in this state. …”
Note from the reporter of decisions: The order amending Rules 4, 4.1, 4.2, 4.3, 4.4, 6(a), 7(b)(2), 17(a), 22(c), and 26(b), Alabama Rules of Civil Procedure, effective August 1, 2004, is published in that volume of Alabama Reporter that contains Alabama cases from 867 So.2d.
Plain-English Summary
Rule 4.2 answers two related questions: where can process be served, and when can a court reach a defendant who is not in Alabama? The in-state answer is simple — process can be served anywhere within Alabama, and outside the state whenever the law or the rules permit it.
The more consequential part of the rule is the out-of-state piece. It allows service outside Alabama on a person or entity whenever that person or entity has enough contact with the state that defending a lawsuit there would not offend the state or federal constitution. That single standard does the work once handled by a long list of specific triggers — things like transacting business in the state, owning property there, or causing an injury there. Alabama courts read this contacts-based standard as reaching as far as the Constitution allows, so the practical question in any given case is whether the defendant's connection to Alabama is strong enough to satisfy due process.
The rule also covers a narrower situation: when someone is sued as a guardian, executor, administrator, or other representative for something the person they represent did or failed to do, that representative can be served out of state if the person represented would have had sufficient contacts with Alabama to be sued here directly, even if the representative personally does not.
Frequently Asked Questions
What does it take to serve someone who lives outside Alabama?
The person or entity must have contacts with Alabama sufficient that requiring them to defend a lawsuit here is consistent with due process under the state and federal constitutions.
Does Alabama still have a list of specific activities that trigger long-arm jurisdiction?
No. The rule now uses a single contacts-based standard rather than a list of specific triggering activities, and that standard is read to extend to the full reach the Constitution permits.
Can an executor or guardian be served out of state for something the deceased or the ward did?
Yes, if the deceased person or ward would have had sufficient contacts with Alabama to be sued here had they been able to be sued directly.
Does Rule 4.2 apply in Alabama district courts?
Yes, Rule 4.2 applies in the district courts the same way it applies in the circuit courts.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 4.2). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: out-of-state servicelong-arm jurisdictionlong-arm statutesufficient contactsAla. R. Civ. P. 4.2