10th Judicial Circuit Court, Jefferson County, Alabama
Court-Level Rules, Filing Procedures & Policies
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Document Filing Requirements10 rules
Anyone requesting and receiving permission to cover a hearing, event, or trial must agree to follow the Plan.
Court's wording
21. All persons who request and are granted permission to cover a hearing, event, or trial are subject to this Media Coverage Plan and must agree to observe the rules and objectives set out in this Plan.
RETURN COMPLETED FORM TO _____ CIRCUIT JUDGE
The request must include the applicant's acknowledgment of the Plan, agreement that identified media personnel will follow it, and certification that required consents will be obtained before coverage activities begin.
Court's wording
I have read and understand the "Media Coverage Plan of the Civil Division of the Tenth Judicial Circuit." In requesting permission to cover the above-described event, I agree that all media personnel identified above will abide by all applicable provisions of the Plan. I certify that I will obtain all consents required by the Plan before beginning any interviewing, photographing, recording, or broadcasting.
A media coverage request must identify the outlet, contact information, event, case number, requested coverage, involved personnel, and purpose.
Court's wording
Name of Media Outlet: _____ Mailing Address: _____ Telephone: _____ Event to be Covered (Date, Time, and Place): _____ Case Number: _____ Type of Coverage Requested: Audio Recording: ____ Video Recording: ____ Radio: ____ Television: ____ Still Cameras: ____ Other: _____ Reporters and technicians (Please identify all personnel who will be involved; you may attach a separate page if necessary): _____ _____ Purpose of Requested Coverage (i.e., instructional, educational, local news, network news, etc.): _____ _____
That plan requires that any person desiring to broadcast, record or photograph Court proceedings must make a timely written request and otherwise strictly comply with the provisions of the Media Plan.
Any application for default judgment must be accompanied by an affidavit from the plaintiff (not the plaintiff's attorney) and/or other evidence attesting to the basis of the claims and relief sought
Once the motion setting has been obtained, the attorney must put a “Notice of Hearing” on the motion, on the first page thereof, in prominent typeface.
The written media-coverage request must identify the particular case and hearing or event for which coverage is requested.
Court's wording
Persons desiring to broadcast, record, or photograph official Court proceedings must make a timely written request to the Judge of that particular Court at least five (5) days before the date of the hearing, trial, or event, specifying the particular case, hearing or event for which coverage is requested.
If no hearing is requested, the attorney should place the statement “No Oral Argument Requested,” on the motion, on the first page thereof, in prominent typeface.
Written consent from the parties and attorneys may be obtained on a form provided by and filed with the Clerk of the Court, a copy of which is attached as Exhibit B to this Media Coverage Plan.
Filing & Service rules
Electronic Filing Rules
An attorney must file a motion with the clerk’s office, electronically or by hard copy; the judge is not responsible for filing it.
Any attorney desiring to have the court consider a motion must file said motion with the clerk's office, electronically or by hard copy. The judge does not have the responsibility of filing motions.
Civil cases
Page 4 | Motion Practice
All electronic filings, for which a hearing is needed or desired, are subject to this policy and should not be electronically filed without first obtaining a hearing date.
All electronic filings, for which a hearing is needed or desired, are subject to this policy and should not be electronically filed without first obtaining a hearing date.
Civil cases
Page 5
Filing Timing and Cure Windows
Anyone seeking media coverage must submit a written request to the presiding Judge at least five days before the hearing, trial, or event.
Persons desiring to broadcast, record, or photograph official Court proceedings must make a timely written request to the Judge of that particular Court at least five (5) days before the date of the hearing, trial, or event, specifying the particular case, hearing or event for which coverage is requested.
Civil cases
Page 2 | Media Coverage Plan of the Tenth Judicial Circuit Civil Division
If the defendant has not filed an answer or other appropriate pleading within 40 days after service, the plaintiff’s notice gives the plaintiff 30 days to apply for default judgment or the case will be dismissed.
If the defendant has not filed an answer or other appropriate pleading within 40 days of service, counsel for the plaintiff will receive a "No Answer Notice," stating that the plaintiff has 30 days in which to apply for default judgment or the case will be dismissed (see example found as Attachment 2).
Civil cases
Page 4 | Default Judgments
Each defendant must respond to the complaint by filing an answer or motion within 30 days after service.
As stated in Rule 12 of the Alabama Rules of Civil Procedure, each defendant has 30 days from the date of service to respond to the complaint by filing either an answer or a motion.
Civil cases
Page 4 | Default Judgments
Each party has 14 days from the track-assignment date to file a motion to change the track assignment.
Each party has a period of 14 days from the date of the track assignment to file a motion for change of track assignment.
Civil cases
Page 5 | Track Assignment
The assigned judge may set a deadline for filing a default judgment by order, and that order supersedes any notice from the clerk’s office.
Additionally, the judge to whom the case has been assigned may enter an order establishing a deadline for the filing of a default judgment; in this event, the judge's order would supersede any notice from the clerk's office.
Civil cases
Page 4 | Default Judgments
Service and Proof of Service Rules
If service is not timely, the clerk will notify plaintiff’s counsel approximately 45 days after filing, giving the attorney 75 days to perfect service or the defendant will be dismissed.
If a defendant has not been timely served, the clerk's office will mail a computer-generated notice (see example found as Attachment 1) to counsel for the plaintiff approximately 45 days after the case has been filed. This notice will inform the attorney that he has a 75-day period in which to perfect service or the defendant will be dismissed.
Civil cases
Page 3 | Service of Process
The process server must deliver the process and accompanying documents within 30 days after filing or return them and copies to the clerk.
The Alabama Rules of Civil Procedure require the process server to deliver the process and accompanying documents within 30 days from the date of filing or return the process and copies to the clerk.
Civil cases
Page 3 | Service of Process
The judge may set a service deadline by order, which supersedes any deadline in the clerk’s notice.
Additionally, the judge may issue an order establishing a deadline for perfecting service; in this event, the judge's order would supersede any notice from the clerk's office.
Civil cases
Page 4 | Service of Process
Trial notices are mailed at least 60 days before trial; if a judge sets a trial date after that period, the judge’s staff must notify all parties.
Trial notices will be mailed at least 60 days before the trial date. If any judge sets a trial date after this period, the judge's staff will be responsible for providing notice of the trial date to all parties.
Civil cases
Page 7 | Complex Track
Trial notices are mailed at least 60 days before trial; if a judge sets a trial date after that period, the judge’s staff must notify all parties.
Trial notices will be mailed by the circuit clerk's office at least 60 days before the trial date. If any judge sets a trial date after this period, the judge's staff will be responsible for providing notice of the trial date to all parties.
Civil cases
Page 7
Filing Fees and Waivers
Any application for default judgment must be accompanied by an affidavit from the plaintiff (not the plaintiff's attorney) and/or other evidence attesting to the basis of the claims and relief sought, as well as the requisite filing fee.
Any application for default judgment must be accompanied by an affidavit from the plaintiff (not the plaintiff's attorney) and/or other evidence attesting to the basis of the claims and relief sought, as well as the requisite filing fee.
Civil cases
Page 4 | Default Judgments
A motion for entry of default judgment under Rule 55(b)(1) or (2) must include the appropriate filing fee.
Any motion for entry of a default judgment by the Clerk or by the Court, under Rule 55(b) (1) or (2), respectively, must be accompanied by the appropriate filing fee.
Civil cases
Page 4 | Default Judgments
A motion requiring a filing fee will not be accepted unless the fee is paid.
By law, some motions must be accompanied by a filing fee. Any such motion requiring the payment of a fee will not be accepted unless this fee is paid.
Civil cases
Page 5
No filing fee is required for an application for entry of default under Rule 55(a).
Where there is merely an application for entry of default under Rule 55(a), there is no filing fee.
Civil cases
Page 4 | Default Judgments
Courtesy Copy Requirements
The courtesy-copy policy also covers electronically filed motions and pleadings; a hard copy may be mailed to the judge hearing the motion on the date of electronic filing.
Courtesy copies of electronically filed motions and pleadings are included in this policy, although they may be sent to the judge hearing the motion by placing a hard copy in the mail on the date of electronic filing.
Civil cases
Page 4 | Motion Practice
Pre-Motion Conference Requirements
When a scheduling conflict cannot be resolved by arranging substitute counsel or consulting adverse counsel, the attorney must promptly file an appropriate motion.
When an attorney is scheduled to appear in more than one court at the same time, or within such a short period that the attorney cannot reasonably be expected to appear in both courts, he or she shall, upon receipt of the notice producing the conflict, immediately attempt to make adequate arrangements for representation of each client's interest by substitution of counsel or shall otherwise attempt to resolve the conflict by consulting with counsel representing the adverse parties in the conflicting cases. If the attorney is unable to resolve the conflict by the means suggested in the last paragraph, he or she shall promptly attempt to resolve the conflict by filing an appropriate motion with one or more of the courts involved.
Page 1 | Attorney Calendar Conflict Resolution Order
Adjournment & Extension Requirements
Resolving a calendar conflict does not continue a proceeding unless a trial judge expressly orders a continuance.
No resolution of a conflict shall result in a continuance unless a continuance is expressly ordered by a trial judge.
Page 1 | Attorney Calendar Conflict Resolution Order
Chambers Communication Rules
If the attorney is unsuccessful in resolving the conflict by motion, he or she shall forthwith consult the judges involved in the conflicting cases, notifying them of the efforts he or she has made to resolve the conflict and of the fact that those efforts have been unsuccessful.
If the attorney is unsuccessful in resolving the conflict by motion, he or she shall forthwith consult the judges involved in the conflicting cases, notifying them of the efforts he or she has made to resolve the conflict and of the fact that those efforts have been unsuccessful.
Page 1 | Attorney Calendar Conflict Resolution Order
If a party wants a hearing, the attorney must call the assigned judge’s chambers before filing the motion to obtain a hearing date and time.
If a party desires a hearing on the motion, the attorney must call the chambers of the judge assigned to hear the case before filing the motion in order to obtain a hearing date and time.
Civil cases
Page 5
If the judges involved cannot resolve the conflict, either attorney may request resolution by a judge or panel appointed by the chief justice.
In the event the judges involved cannot resolve the conflict, then either attorney may request that the conflict be resolved by a judge or a panel of judges appointed by the chief justice.
Page 1 | Attorney Calendar Conflict Resolution Order
Because some judges prefer courtesy copies of motions or responses, the attorney should ask chambers whether the judge wants a copy.
Some judges prefer courtesy copies of motions so filed, and the attorney should inquire with the judge's chambers whether the judge would like a copy of a filed motion (or of a response to a motion).
Civil cases
Page 4 | Motion Practice
During a trial where testimony is taken, a party, witness, attorney, or the Judge may notify the Court to request cessation of coverage, and the Court may require recording and broadcasting to stop.
In a trial where testimony is taken, any party, witness, attorney (or the Judge) may request a cessation of coverage by notifying the Court, in which event the Court may require the recording and broadcasting to cease.
Civil cases
Page 3 | Media Coverage Plan of the Tenth Judicial Circuit Civil Division