10th Judicial Circuit Court, Jefferson County, Alabama Service and Proof of Service Rules

CRITICALCivil cases

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.

CRITICALCivil cases

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.

WARNINGCivil cases

Service

Mail to all parties

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.

WARNINGCivil cases

Service

Mail to all parties

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.

WARNINGCivil cases

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.