Madison County Circuit Court, Alabama
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Filings > 25 pages
- As Soon as Practicable After E Filing
- As Soon as Practicable After Efiling
Adjournments
- A party’s failure to have a witness present when needed will not delay trial.
- A continuance motion must certify that the filing attorney personally contacted opposing counsel and disclose opposing counsel's position.
- The Court recommends holding mediation as early as possible, but cases will not be continued for mediation.
Request must include
Document Format Requirements6 rules
Requested Jury Charges must be emailed in MS Word Format to the Court's judicial assistant at least seven (7) days prior to trial.
(Only one offense per petition; Multi-count cases require multiple petitions)
Copy and mark exhibits prior to trial and prepare exhibit list.
It is important to print carefully and accurately when completing this form.
Each party shall mark and number each exhibit
REQUESTED JURY CHARGES must be emailed in MS Word Format to the Court's judicial assistant at least seven (7) days prior to trial.
Formatting
- •MS Word format
Document Filing Requirements135 rules
A proposal for a revised schedule of custody of or visitation with a child, if any.
(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.
(S) The date of the intended change of principal residence of a child.
The notice must warn that an objection must be made within 30 days of receipt or relocation will be permitted, except in the stated Armed Forces circumstance.
Court's wording
Unless you are a member of the Armed Forces of the United States of America and are being transferred or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
a. This may be in the form of a copy of the relevant page of the schedule of accounts containing the Defendant's name, account number, and balance at the time of assignment. Generally the remainder of the page relating to other accounts will be redacted.
2. Copies of all assignments from original creditor to intermediate assignees, if any, and the final assignment to named Plaintiff.
b. Alternatively, this may be a printout of the data relevant to the subject account which has been extracted from the electronic record of accounts referenced in the assignment and provided to the assignee by the assignor with that assignment. Such printouts should include an averment that the data was reproduced from electronic records provided to the Plaintiff by the assignor as part of the assignment.
3. Each assignment must be accompanied by proof that the subject account is one of the accounts included in the schedule of accounts referenced in the document showing that particular assignment.
4. An affidavit of the current account balance by an identified, authorized agent of the named Plaintiff.
1. Proof of original account: Either the writing, contract or agreement establishing the account or, alternatively, the last monthly account statement from original creditor to the Defendant identifying the creditor, the debtor, the date of the statement, the account number and the final balance.
The garnishee's Answer must address the listed questions about indebtedness, contractual obligations, and property held for the defendant.
Court's wording
YOU MUST ANSWER: (1) Whether you are or will be indebted to the defendant at the time you received this process, or when you make your answer, or during the intervening time, or (2) Whether you will be indebted to the defendant in the future by existing contract, or (3) Whether by existing contract you are liable to the defendant for the delivery of personal property or for the payment of money, or (4) Whether you have in your possession or control, money or effects belonging to the defendant.
To claim an exemption, the defendant must list all wages and personal property on a notarized claim, file it with the clerk, and state on the claim whether and when a copy was mailed or delivered to the plaintiff.
Court's wording
TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A “CLAIM OF EXEMPTION” FORM LISTING ON IT ALL YOUR WAGES AND PERSONAL PROPERTY; HAVE THE CLAIM OF EXEMPTION NOTARIZED; AND FILE IT IN THE CLERK’S OFFICE. ALSO, IT IS YOUR RESPONSIBILITY TO MAIL OR DELIVER A COPY OF THE CLAIM OF EXEMPTION TO THE PLAINTIFF WHO HAS A JUDGMENT AGAINST YOU. YOU MUST INDICATE ON THE CLAIM OF EXEMPTION THAT YOU FILED IN THE CLERK’S OFFICE WHETHER YOU MAILED OR DELIVERED THE COPY TO THE PLAINTIFF AND THE DATE ON WHICH YOU MAILED OR DELIVERED IT.
UPON WRITTEN REQUEST, the expenses of electronically filing of court documents shall be assessed by the clerk as court costs upon submission of an affidavit in support of such.
(make a short and plain statement of the claim showing that the plaintiff is entitled to relief.)
The written answer must admit or deny each allegation in the complaint.
Court's wording
YOU ARE REQUIRED TO MAIL OR HAND DELIVER A COPY OF A WRITTEN ANSWER, EITHER ADMITTING OR DENYING EACH ALLEGATION IN THE COMPLAINT, TO THE PLAINTIFF (OR THE ATTORNEY FOR THE PLAINTIFF), AT THE ADDRESS NOTED ABOVE.
(YOU MUST FILE THE ORIGINAL ANSWER WITH CLERK OF THIS COURT).
2. Copies of all assignments from original creditor to intermediate assignees, if any, and the final assignment to named Plaintiff.
3. Each assignment must be accompanied by proof that the subject account is one of the accounts included in the schedule of accounts referenced in the document showing that particular assignment.
b. Alternatively, this may be a printout of the data relevant to the subject account which has been extracted from the electronic record of accounts referenced in the assignment and provided to the assignee by the assignor with that assignment. Such printouts should include an averment that the data was reproduced from electronic records provided to the Plaintiff by the assignor as part of the assignment.
4. An affidavit of the current account balance by an identified, authorized agent of the named Plaintiff. If the current account balance is different from the original creditor balance, include an explanation of that difference.
1. Proof of original account: Either the writing, contract or agreement establishing the account or, alternatively, the last monthly account statement from original creditor to the Defendant identifying the creditor, the debtor, the date of the statement, the account number and the final balance.
At least ten days before trial, the parties must exchange witness and exhibit lists with the specified information and attach exhibit copies, subject to the stated exceptions and caveats.
Court's wording
At least ten (10) days prior to trial, the parties will exchange lists stating the names and addresses of all witnesses and describing all documents, bills, reports, photographs and other exhibits which they expect to introduce. Copies of such exhibits will be attached to the lists. (Such lists need not include witnesses or exhibits for impeachment purposes. The listing of a witness does not commit a party to have such witness available for trial or to call a witness to testify and need not contain the medical records if addressed under No. 1.d. above).
Unless otherwise specifically agreed between the parties, the parties shall be precluded from offering any witnesses or exhibits not so identified (other than purely for impeachment and/or rebuttal purposes) unless relieved by the Court for good cause shown.
Each party must mark and number its exhibits and provide the court reporter and Court with a correspondingly numbered exhibit list.
- Document
- Trial exhibits
Must include
- •Exhibit list
Court's wording
Each party shall mark and number each exhibit and furnish the court reporter and the Court with a list of exhibits, describing cach by its corresponding number, prior to the beginning of trial or the striking of a jury in the event that the matter being tried involves any jury issues.
"Disclosure" includes a statement of the subject matter on which each expert is expected to testify, as well as a summary of the facts and opinions to which each expert is expected to testify and the grounds for each. (Such disclosure does not apply to lay persons who are expected to testify as to speed of vehicles based on observation of the vehicles while in motion).
FAIL TO FILL OUT THE ENCLOSED ANSWER FORM
The party filing the original action shall attach a copy of this Order to the summons and complaint for service therewith.
If, however, the agreement is contrary to the orders set forth herein, said agreement must be in writing, executed by both parties, and submitted to the Court for approval.
If the standing orders do not resolve all matters raised by a motion or petition, the moving party must petition in writing for an evidentiary hearing and show good cause by affidavit or other proof.
Court's wording
In the event the foregoing standing pendente life orders do not resolve all matters raised by a motion or petition filed in the referenced action, then the moving party shall have the burden of petitioning this Court in writing for an evidentiary hearing, and showing good cause (by affidavit or other proof) of the necessity for such hearing, pendente lite.
A party seeking emergency relief because the Custody Schedule is not in the child’s best interest must file a verified motion with specific factual allegations sufficient to justify relief.
Court's wording
In the event a party believes that the Custody Schedule is not in the best interest of the child(ren) based upon the facts and circumstances of the case and/or the factors to be considered by the Court pursuant to Ala. Code 930-3-152, the party shall file with the Court a verified motion for emergency relief. Said motion must state with specificity sufficient allegations of fact to justify relief.
The notice must warn the non-relocating person that an objection must be made within 30 days of receipt, unless the stated Armed Forces exception applies.
Court's wording
(8) Unless you are a member of the Armed Forces of the United States of America and are being transterred or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
Keep a copy of this Answer for your records and return the original and two copies to the Clerk of the above-named Court at the address below.
After reading the Process of Garnishment and Instructions on the reverse side of the Process of Garnishment, check the appropriate answer(s) below, sign, and have notarized.
* Separate form shall be completed for each defendant in cases involving multiple defendants
The default-judgment application form includes a certificate of service for copies sent to parties who are not in default.
- Document
- Application and affidavit for entry of default judgment
Include
- •Certificate of service
Court's wording
CERTIFICATE OF SERVICE ON OTHER PARTIES I hereby certify that a copy of this Application, Affidavit, and Entry of Default Judgment has been Signed sent, by first class mail, postage prepaid, to all parties who are not in default in this case.
an attorney must file the DV Civil complaint or it will result in a void pleading which will be dismissed. I understand that an appearance by an attorney cannot cure a void pleading.
a corporation, LLC or partnership is required by law to be represented by a licensed attorney in DV Civil proceeding in the District Court actions
Any and all electronically filed motions shall be rejected pending the submission of a proper electronically filed proposed order SUBMITTED AS AN ELECTRONIC PROPOSED ORDER.
- Document
- Motion
Must include
- •Proposed order
This order shall be maintained in the office of the Family Court Division of the Circuit Court Clerk and shall be spread upon the minutes of the Juvenile Court of Madison County, Alabama.
Written court reports in dependency proceedings must detail the Department’s compliance, including who was notified and how notice was given.
Court's wording
Each written court report filed on behalf of the Madison County Department of regarding the Department's compliance with this order, including a description of the human Resources in dependency proceedings shall include detailed information persons notified and the method by which notice was given.
Every motion filed requesting a continuance shall include a certification that the attorney filing the motion has personally contacted opposing counsel, and whether the motion is opposed or not by opposing counsel.
YOU MUST ANSWER: (1) Whether you are or will be indebted to the defendant at the time you received this process, or when you make your answer, or during the intervening time, or (2) Whether you will be indebted to the defendant in the future by existing contract, or (3) Whether by existing contract you are liable to the defendant for the delivery of personal property or for the payment of money, or (4) Whether you have in your possession or control, money or effects belonging to the defendant.
TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A “CLAIM OF EXEMPTION” FORM LISTING ON IT ALL YOUR WAGES AND PERSONAL PROPERTY; HAVE THE CLAIM OF EXEMPTION NOTARIZED; AND FILE IT IN THE CLERK’S OFFICE.
Within fourteen (14) days of receiving a copy of this order, each parent shall file with the court and serve upon all parties a form CS-41,iChild Support Obligation Income Statement/Affidavit."
Within fourteen (14) days of receiving a copy of this order, each parent shall provide DHR a written list of the names, addresses and telephone numbers of the child's adult relatives.
Within seven days of receiving the order, each parent must provide or help DHR obtain the specified child and parent records.
Court's wording
Within seven (7) days of receiving a copy of this order, each parent shall provide, or assist DHR in obtaining, copies of the child's birth certificate, social security card, immunization record, school records, and parents' marriage certificate, order of legitimation, affidavit of paternity, decree of adoption, custody orders, divorce decree and decree of legal separation.
A written certificate of compliance must be filed within 21 days; the attorney files it for a represented parent, and an unrepresented parent files it personally.
Court's wording
CERTIFICATE OF COMPLIANCE REQUIRED. Within twenty-one (21) days from receiving a copy of this order, each parent shall file with the court a written certificate of compliance with this order. A recommended sample form for that certificate may be obtained from the clerk of the court, whose office is located in room 821 of the Madison County Courthouse. If a parent is represented by an attorney. the attorney shall file the certificate. If a parent is not represented by an attorney, the parent shall file the certificate.
Upon placement of the child into a congregant care facility, DHR is required to notify the court and the child's Guardian Ad Litem in writing of any serious occurrence involving the child within 7 days of date of the serious occurrence.
Upon receipt of income affidavits, the Guardian Ad Litem shall calculate each parent's child support obligation pursuant to the provisions of Rule 32 of the Alabama Rules of Judicial Administration and shall file with the court a proposed child support order.
While the child is in DHR custody, DHR must notify the court and all parties, including the Guardian Ad Litem, in writing of a placement change within seven days.
Court's wording
Once custody of a child is vested in DHR and for so long as custody of a child is vested with DHR, DHR is required to notify the court and the parties, including the Guardian Ad Litem, in writing, of any change in the physical placement of the child within 7 days of change in physical placement.
The affidavit must state the defendant's military-service status with supporting facts, or state that diligent inquiry could not determine that status.
Court's wording
That the Defendant in this case IS/ IS NOT (Circle one) in military service. (Indicate necessary facts to support this determination. Attach additional page if necessary.} OR After diligent inquiry I am unable to determine whether or not the defendant is in the military service.
Before me, the undersigned notary public, magistrate or judge, personally appeared , who after being duly sworn by me, states on oath as follows:
Under penalty of perjury I hereby certify and declare the forgoing statements to be TRUE.
AFFIDAVIT REQUIRED BY Servicemembers Civil Relief Act (50 U.S.C.A. 501, et seq. as amended)
The petition must include either a certified arrest record or a certified disposition or case-action record, and every petition must include a certified official criminal record from ALEA.
Court's wording
Attached to this Petition are: (Petition must include either item 1 or item 2; All Petitions must include item 3.) [ ] (1) a certified record of arrest from the appropriate agency for the court record I seek to have expunged; [ ] (2) a certified record of disposition or a certified record of the case action summary from the appropriate court for the court record I seek to have expunged; [ ] (3) a certified official criminal record obtained from the Alabama Law Enforcement Agency (ALEA).
The petition must specify the charge or conviction, grounds for expungement, arresting agency, and any agency where the petitioner was booked, incarcerated, or detained, or state if none applies.
Court's wording
I am providing the following additional information as required by § 15-27-1 et seq. Ala. Code 1975: (Petitioner must specify each of the following:) 1. Criminal charge or conviction from the record to be considered: 2. Grounds for, or reasons why you seek, expungement: 3. The agency or department that made the arrest: 4. Any agency or department where the Petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged: (There is no way for the Court to successfully expunge records that are not indicated in the Petition or held by entities not served. Therefore, if the Petitioner was not booked, incarcerated or detained pursuant to arrest on the above-listed charge, that must be indicated here.)
The petitioner must swear or affirm under penalty of perjury that the petition's allegations are true, the statutory requirements are satisfied, and select and provide the applicable prior-expungement information.
Court's wording
I swear or affirm, under the penalty of perjury: (1) that the allegations I have made in this Petition are true and correct; (2) that I have satisfied the requirements set out in § 15-27-1 et seq. Ala. Code 1975; and (3) (Select one of the following): [ ] that I have not previously applied for an expungement in this or any other jurisdiction. [ ] that I have previously filed for an expungement. My previous expungement was filed in COUNTY and it was given Court Case Number . That previous petition for expungement was [ ] granted [ ] denied.
A separate form should be filled out and signed by the person who served the party. Include as many copies of this page as necessary to show service on all parties, persons, or entities.
ATTORNEYS: YOU ARE NOT REQUIRED TO USE THIS FORM, BUT YOUR PETITION MUST INCLUDE A CERTIFICATE OF SERVICE THAT COMPLIES WITH ALA. CODE §15-27-3(C), AND THE ALABAMA RULES OF CIVIL PROCEDURE.
- Document
- Petition
Must include
- •Certificate of service
All previous petitions for expungement must be disclosed. Additional pages may be attached, if necessary.
The petitioner must provide the Court and ALEA with information needed to contact every entity holding records sought to be expunged.
Court's wording
The Petitioner is responsible for providing the Court and ultimately the Alabama Law Enforcement Agency with all the information necessary to contact every court, law enforcement agency or other entity in possession of records the Petitioner seeks to have expunged.
A represented petitioner’s attorney must sign where indicated; an unrepresented petitioner must check the “pro se” box.
Court's wording
If the Petitioner IS represented by an attorney, the attorney must sign where indicated. If the Petitioner IS NOT represented by an attorney, the box next to “pro se” must be checked under the Petitioner’s signature.
The “Petitioner” section must be completed with the Petitioner’s name and CURRENT contact information.
Further, each motion shall include: a) the defendant's AIS number, race, gender, date of birth and charge(s), b) the facility where the defendant is located; and c) the date, time and place of the hearing.
Filing & Service rules
Electronic Filing Rules
A proposed order must be filed as a proposed order through AlaCourt; attaching it to a motion without doing so is inadequate and it will not be considered.
Proposed orders attached to motions but not filed as proposed orders under the electronic system of AlaCourt are not adequate and will not be considered.
Page 1 | STANDING ORDER OF COURT REQUIRING PROPOSED ORDERS FOR ELECTRONICALLY FILED MOTIONS
Mail or hand deliver the original Answer to the County Circuit Court Clerk before the deadline.
Before the deadline (see box at right), mail or hand deliver the original Answer to the County Circuit Court Clerk at the address in the Statement of Claim.
Page 1 | Instructions to Defendant
Filing Timing and Cure Windows
An objection to the relocation must be made within 30 days of receipt of notice, except in the stated Armed Forces circumstance.
Unless you are a member of the Armed Forces of the United States of America and are being transferred or relocated pursuant to a non-voluntary order of the government, a warning to the non-relocating person that an objection to the relocation must be made within 30 days of receipt of the notice or the relocation will be permitted.
Civil cases
Page 7 | CUSTODY SCHEDULE
A non-relocating party must commence an action seeking a temporary or permanent order to prevent the change within 30 days after receiving notice, or the change is authorized.
If you, as the non-relocating party, do not commence an action seeking a temporary or permanent order to prevent the change of principal residence of a child within 30 days after receipt of notice of the intent to change the principal residence of a child, the change of principal residence is authorized.
Civil cases
Page 7 | CUSTODY SCHEDULE
Notice must be sent at least 45 days before the proposed change, or within 10 days after obtaining the information if a 45-day notice was not reasonably possible.
You must give notice by certified mail of the proposed change of principal residence on or before the 45th day before a proposed change of principal residence. If you do not know and cannot reasonably become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by certified mail not later than the 10th day after the date that you obtain such information.
Civil cases
Page 7 | CUSTODY SCHEDULE
The garnishee must complete and file the enclosed Answer within 30 days after service of process.
You must complete and file the enclosed Answer form within thirty (30) days from service of process.
Civil cases
Page 1 | NOTICE TO GARNISHEE
The garnishee must begin remitting withheld wages to the court 30 days after the first retention and continue monthly or more often until the full amount is withheld.
You are required, after a period of 30 days from the first retention of any sum from the defendants wages, salary, or other compensation, to begin paying the moneys withheld into court as they are deduced or withheld and continue to do so on a monthly or more frequent basis until the full amount is withheld.
Civil cases
Page 1 | NOTICE TO GARNISHEE
If the defendant's employment ends before the garnishment amount is accumulated, the garnishee must report the termination and remit all withheld sums to the court within 15 days.
If employment of the defendant is terminated BEFORE the sum is accumulated, you are required by law to report the termination and pay into court within 15 days AFTER termination, all sums withheld in compliance with this garnishment.
Civil cases
Page 1 | NOTICE TO GARNISHEE
After receiving the defendant's filed and mailed or delivered claim of exemption, the plaintiff has approximately 10 days to file a contest with the clerk.
If a “Claim of Exemption” is filed in the Clerk’s office and mailed or delivered to you by the defendant, you have approximately ten (10) days to file a “Contest” to the Claim of Exemption with the Clerk of the Court.
Civil cases
Page 2 | NOTICE TO PLAINTIFF OF RIGHT TO CONTEST CLAIM OF EXEMPTION OF DEFENDANT
If the plaintiff does not timely contest the claim, the garnishment process and any writ must be dismissed or modified after 15 calendar days from the claim's filing.
If you fail to make timely Contest of the Claim of Exemption, after fifteen (15) calendar days from the filing of such claim by the defendant, the Process of Garnishment and any writ of garnishment issued therein shall be dismissed or, where appropriate, modified to the extent necessary to give effect to the claimed exemptions.
Civil cases
Page 2 | NOTICE TO PLAINTIFF OF RIGHT TO CONTEST CLAIM OF EXEMPTION OF DEFENDANT
If a contest is timely filed, the court hearing must be scheduled within seven calendar days, or the next business day if the court is closed on the seventh day.
If a Contest is timely filed, a Court hearing will be scheduled within seven (7) calendar days (or on the next business day thereafter if the Court is not open on the seventh day).
Civil cases
Page 2 | NOTICE TO PLAINTIFF OF RIGHT TO CONTEST CLAIM OF EXEMPTION OF DEFENDANT
The answer must be mailed or hand delivered to the clerk within 14 days after the summons and complaint are delivered to the defendant.
THIS ANSWER MUST BE MAILED OR HAND DELIVERED TO THE CLERK OF COURT AT THE ADDRESS BELOW WITHIN FOURTEEN (14) DAYS AFTER THIS SUMMONS AND COMPLAINT WERE DELIVERED TO YOU, OR A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER THINGS DEMANDED IN THE COMPLAINT.
Civil cases
Page 1 | NOTICE TO DEFENDANT
All parties must make their initial expert disclosures no later than 60 days before trial.
In any event, all parties must make initial disclosures of experts no later than sixty (60) days prior to trial.
Civil cases
Page 3 | EXPERT WITNESSES
The other party must give written notice within five days of the exhibit list to avoid being deemed to agree to the listed exhibit-related matters.
Upon such list being furnished, the other party shall - except to the extent written notice to the contrary is given within five (5) days thereafter - be deemed to have agreed (for purposes of these actions only) that: the listed exhibits or their originals were kept in the ordinary course of business; copies of the listed exhibits may be used at trial to the same extent as the originals (without accounting for originals); any photographs so listed fairly and accurately portray the scene therein depicted; and any bills for services or materials are reasonable in amount for services or materials therein billed.
Civil cases
Page 3
Motions in limine must be filed at least seven days before trial.
Motions in Limine must be filed at least seven (7) days prior to trial.
Civil cases
Page 3 | MOTION IN LIMINE
Responsive experts must be disclosed no later than 30 days before trial.
Responsive experts must be disclosed no later than thirty (30) days prior to trial.
Civil cases
Page 3 | EXPERT WITNESSES
The marked exhibits and exhibit list must be provided before trial begins, or before the jury is struck if the matter involves jury issues.
Each party shall mark and number each exhibit and furnish the court reporter and the Court with a list of exhibits, describing cach by its corresponding number, prior to the beginning of trial or the striking of a jury in the event that the matter being tried involves any jury issues.
Civil cases
Page 3 | MARKING TRIAL EXHIBITS
Dispositive motions must be filed at least 60 days before trial.
Dispositive Motions must be filed at least sixty (60) days prior to trial.
Civil cases
Page 4 | DISPOSITIVE MOTIONS
Requested jury charges must be emailed at least seven days before trial.
Requested Jury Charges must be emailed in MS Word Format to the Court's judicial assistant at least seven (7) days prior to trial.
Civil cases
Page 4 | REQUESTED JURY CHARGES - Retaliatory Discharge Cases
The completed answer form must be delivered or mailed to the clerk so it arrives within 14 days after the defendant receives the papers.
DELIVER OR MAIL IT TO THE CLERK AT THE ADDRESS SHOWN BELOW, SO THAT IT WILL GET TO THE CLERK'S OFFICE WITHIN FOURTEEN (14) DAYS AFTER YOU RECEIVE THESE PAPERS
Civil cases
Page 1 | NOTICE TO EACH DEFENDANT - READ CAREFULLY
A non-relocating party must commence an action to prevent the change within 30 days after receiving notice, or the change is authorized.
If you, as the non-relocating party, do not commence an action seeking a temporary or permanent order to prevent the change of principal residence of a child within 30 days after receipt of notice of the intent to change the principal residence of a child, the change of principal residence is authorized.
Civil cases
Page 11
A motion will routinely be denied after 14 days unless the proposed order has been submitted electronically.
Said motion will be routinely denied atter 14 days unless such proposed order is so electronically submitted.
Page 1 | STANDING ORDER OF COURT REQUIRING PROPOSED ORDERS FOR ELECTRONICALLY FILED MOTIONS
The garnishee must complete and file the enclosed Answer within 30 days after service of process.
You must complete and file the enclosed Answer form within thirty (30) days from service of process.
Civil cases
Page 1 | NOTICE TO GARNISHEE
A plaintiff who receives a Claim of Exemption must file a Contest with the Clerk within approximately 10 days.
If a “Claim of Exemption” is filed in the Clerk’s office and mailed or delivered to you by the defendant, you have approximately ten (10) days to file a “Contest” to the Claim of Exemption with the Clerk of the Court.
Civil cases
Page 2 | NOTICE TO PLAINTIFF OF RIGHT TO CONTEST CLAIM OF EXEMPTION OF DEFENDANT
The CS-41 form must be filed within 14 days of receiving the order.
Within fourteen (14) days of receiving a copy of this order, each parent shall file with the court and serve upon all parties a form CS-41,iChild Support Obligation Income Statement/Affidavit."
Page 1 | STANDING GENERAL ORDER
Each parent must file a written certificate of compliance with the court within 21 days of receiving the order.
CERTIFICATE OF COMPLIANCE REQUIRED. Within twenty-one (21) days from receiving a copy of this order, each parent shall file with the court a written certificate of compliance with this order.
Page 1 | CERTIFICATE OF COMPLIANCE REQUIRED
Upon receipt of income affidavits, the Guardian Ad Litem shall calculate each parent's child support obligation pursuant to the provisions of Rule 32 of the Alabama Rules of Judicial Administration and shall file with the court a proposed child support order.
Upon receipt of income affidavits, the Guardian Ad Litem shall calculate each parent's child support obligation pursuant to the provisions of Rule 32 of the Alabama Rules of Judicial Administration and shall file with the court a proposed child support order.
Page 2 | STANDING GENERAL ORDER
A petition based on successful completion of a listed program may not be filed until one year after completion.
the petition for expungement has not been filed before one year from the date of successful completion of a program listed in this paragraph.
Page 3 | Section III
Attorneys must provide the Court Administrator a conflict letter 10 days before a scheduled hearing, except for hearings and emergency matters with less than 7 days’ notice.
Effective immediately, all attorneys shall ten (10) days prior to the scheduled hearing provide to the Court Administrator a conflict letter listing all cases scheduled for hearing or trial, providing the style of the case, date and time of hearing, Judge assigned and the date of filing. Hearings and emergency matters with less than 7 days' notice will be exempt from the conflict letter requirement.
Page 1 | STANDING ORDER REGARDING CONFLICT LETTERS
Counsel must submit a motion to transport an incarcerated defendant for trial at least 21 days before the court appearance.
Effective immediately, counsel of the defendant must submit a motion to transport an incarcerated defendant for trials only at least twenty-one (21) days before said court appearance.
Criminal cases
Page 1 | STANDING ORDERS IN ALL CRIMINAL CASES INVOLVING INCARCERATED DEFENDANTS
The required written notice seeking service by special process server must be filed with the original pleadings.
Notice of a party's desire to seek service by special process server must be filed in writing with the original pleadings, in each civil action to which this order shall apply.
Civil cases
Page 1 | FEES OF PROCESS SERVER TO BE TAXED AS COSTS
The answer must be mailed or delivered within 14 days after the summons and Statement of Claim are delivered to the defendant, or a default judgment may be entered.
This answer must be mailed or delivered within 14 days after this Summons and Statement of Claim (Complaint) were delivered to you or a judgment by default may be entered against you for the money or other things demanded in the Statement of Claim (Complaint).
Civil cases
Page 1 | TO THE ABOVE-NAMED DEFENDANT
A fourteen-day notice is required for reasons other than failure to pay rent.
fourteen day notice for anything else.
Page 1 | NOTICE TO TENANT
An answer to a money claim filed in District Court must be filed within fourteen calendar days.
Fourteen calendar days to file answer to money claim (if filed in the District Court).
Page 1 | ANSWER
A seven-business-day notice is required for failure to pay rent.
Seven business day notice for failure to pay rent
Page 1 | NOTICE TO TENANT
An answer to a possession complaint must be filed within seven calendar days.
Seven calendar days to file an answer to complaint for possession of property.
Page 1 | ANSWER
An appeal must be filed within seven calendar days of the final order or the ruling on a post-trial motion.
The time for filing an appeal is seven calendar days from the final order or from the ruling on a post-trial motion.
Page 2 | APPEALS
Appealed cases must be set in the Circuit Court within 60 days.
Appealed cases must be set in the Circuit Court within 60 days.
Page 2 | APPEALS
A writ cannot be requested until the post-judgment-motion and appeal periods have expired; the stated period is seven days from the District Court judgment.
A Writ of Restitution or Possession cannot be requested until after the time for the filing of a post-judgment motion and the appeal time has expired, which is seven days from the date of the judgment in the District Court.
Page 2 | ENFORCEMENT OF COURT ORDER
The answer must be mailed or delivered within the number of days left blank on the form after service, or a default judgment may be entered.
THIS ANSWER MUST BE MAILED OR DELIVERED WITHIN DAYS AFTER THIS SUMMONS AND COMPLAINT OR OTHER DOCUMENT WERE SERVED ON YOU OR A JUDGMENT BY DEFAULT MAY BE RENDERED AGAINST YOU FOR THE MONEY OR OTHER THINGS DEMANDED IN THE COMPLAINT OR OTHER DOCUMENT.
Civil cases
Page 1 | NOTICE TO
A mailed Answer must be received by the Clerk by the filing deadline.
Note: If you mail the Answer to the Clerk, the Clerk must receive it by the deadline.
Page 1 | Instructions to Defendant
File the Answer within seven calendar days after personal service of the Statement of Claim or its posting on the door.
The deadline for filing your answer is seven (7) calendar days after the date you were personally served the Statement of Claim or it was posted on your door.
Page 1 | Instructions to Defendant
No execution or other enforcement process may issue until 30 days after the foreign judgment is filed.
YOU ARE FURTHER NOTIFIED THAT NO EXECUTION OR OTHER PROCESS FOR ENFORCEMENT OF THIS FOREIGN JUDGMENT SHALL ISSUE UNTIL THIRTY (30) DAYS AFTER THE DATE THE JUDGMENT IS FILED.
Civil cases
Page 1 | NOTICE OF FILING OF FOREIGN JUDGMENT
The reporting court reporter must obtain the exhibits from the presiding judge’s office on the day the appeal is filed.
The court reporter that reported the proceedings will obtain the exhibits from the office of the Judge that presided over the proceedings on the day they file the appeal with the Clerk of the Court.
Civil cases
Page 1 | FILING OF EXHIBITS IN JUVENILE APPEALS
Service and Proof of Service Rules
Notice of a proposed change of principal residence must be sent by certified mail at least 45 days beforehand, or within 10 days after obtaining the information if timely 45-day notice was not reasonably possible.
You must give notice by certified mail of the proposed change of principal residence on or before the 45th day before a proposed change of principal residence. If you do not know and cannot reasonably become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by certified mail not later than the 10th day after the date that you obtain such information.
Civil cases
Page 7 | CUSTODY SCHEDULE
The process must be served on the garnishee, a copy served on the defendant, and a proper return made to the court.
You are hereby commanded to serve this Process of Garnishment on the GARNISHEE, _____________________________________ (Name of garnishee) and a copy on the defendant, __________________________________________________________ and make proper return to this Court. (Name of defendant)
Civil cases
Page 1 | WRIT OF GARNISHMENT
The defendant must mail or deliver a copy of the claim of exemption to the plaintiff.
ALSO, IT IS YOUR RESPONSIBILITY TO MAIL OR DELIVER A COPY OF THE CLAIM OF EXEMPTION TO THE PLAINTIFF WHO HAS A JUDGMENT AGAINST YOU.
Civil cases
Page 2 | NOTICE TO DEFENDANT OF RIGHT TO CLAIM EXEMPTION FROM GARNISHMENT
The defendant must mail or hand deliver the plaintiff or the plaintiff’s attorney a written answer addressing each allegation.
YOU ARE REQUIRED TO MAIL OR HAND DELIVER A COPY OF A WRITTEN ANSWER, EITHER ADMITTING OR DENYING EACH ALLEGATION IN THE COMPLAINT, TO THE PLAINTIFF (OR THE ATTORNEY FOR THE PLAINTIFF), AT THE ADDRESS NOTED ABOVE.
Civil cases
Page 1 | NOTICE TO DEFENDANT
A sheriff or person authorized under the cited Alabama rule is commanded to serve the summons and complaint on the defendant.
To any sheriff or any person authorized by either Rules 4. 1(b)(2) of the Alabama Rules of Civil Procedure to perfect service: You are hereby commanded to serve this summons and complaint upon the above-named defendant.
Civil cases
Page 1 | SUMMONS
The parties must exchange witness and exhibit lists, with exhibit copies attached, at least ten days before trial.
At least ten (10) days prior to trial, the parties will exchange lists stating the names and addresses of all witnesses and describing all documents, bills, reports, photographs and other exhibits which they expect to introduce. Copies of such exhibits will be attached to the lists.
Civil cases
Page 2 | EXHIBITS AND WITNESSES
Notice of a proposed change of principal residence must be sent by certified mail at least 45 days beforehand, or, if timely notice was not reasonably possible, no later than the 10th day after obtaining the information.
You must give notice by certified mail of the proposed change of principal residence on or before the 45th day before a proposed change of principal residence. If you do not know and cannot reasonably become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by certified mail not later than the 10" day after the date that you obtain such information.
Civil cases
Page 11
A copy of the application, affidavit, and entry of default judgment must be sent by prepaid first-class mail to all parties who are not in default.
I hereby certify that a copy of this Application, Affidavit, and Entry of Default Judgment has been Signed sent, by first class mail, postage prepaid, to all parties who are not in default in this case.
Civil cases
Page 1 | Certificate of Service on Other Parties
In each covered dependency case, the Department must notify foster parents, pre-adoptive parents, and relative caregivers of the date, time, and place of every juvenile court proceeding.
In each dependency case filed in this Court on behalf of the Madison County Department of Human Resources, that Department shall notify foster parents, pre-adoptive parents, and relative caregivers of the date, time, and place of all juvenile court proceedings.
Civil cases
Page 1 | NOTIFICATION OF JUVENILE COURT HEARINGS
The Juvenile Court Clerk must send a copy of the order to the Department director and the Bar Association’s executive secretary for distribution to attorneys practicing before the Court.
The Clerk of the Juvenile Court shall forward a copy of this order to the Director of the Madison County Department of Human Resources and to the Executive Secretary of the Huntsville-Madison County Bar Association for distribution to attorneys practicing before
Civil cases
Page 1 | NOTIFICATION OF JUVENILE COURT HEARINGS
At the start of trial, provide the Court with a list of personal property items that remain disputed after comparing the parties' lists.
At the start of the trial, the Court is to be provided a list of all items of personal property that remain in dispute for Court to divide (after comparing respective parties' list).
Civil cases
Page 1 | DISCOVERY
Furnish the Court, Court Reporter, and opposing counsel with a copy of the exhibit list before trial begins.
Furnish copy of exhibit list to Court, Court Reporter, and opposing counsel prior to start of trial.
Civil cases
Page 1 | EXHIBITS
Before trial, furnish the Court and opposing counsel with the client's Domestic Relations Financial Statement, which should include available supporting documents.
Furnish the Court and opposing counsel with a copy of client's Domestic Relations Financial Statement prior to start of trial, which should include available back-up documents such as deeds, NADA book pages, current account statements, etc.
Civil cases
Page 1 | DISCOVERY
Disclose expert witnesses to opposing counsel at least 30 days before trial, including the specified identifying information and testimony materials; an undisclosed expert may be precluded from testifying.
Disclose expert witnesses to opposing counsel at least 30 days prior to trial date, giving name, address, substance of testimony and copy of any records, documents, and/or exhibits intended to be introduced at trial through the expert. If not disclosed, the expert witness is subject to being precluded from testifying.
Civil cases
Page 1 | WITNESSES and EXPERT WITNESSES
Exchange personal property lists at least 10 days before trial, including specified property categories and an estimated fair market value for each item.
Exchange personal property lists at least 10 days prior to trial, to include (a) Items owned before marriage, inherited or gifts to a party; and (b) Items acquired during marriage and desired division (including an estimate of the fair market value of each item).
Civil cases
Page 1 | DISCOVERY
The process must be served on the garnishee and a copy served on the defendant, with a proper return made to the court.
You are hereby commanded to serve this Process of Garnishment on the GARNISHEE, _____________________________________ (Name of garnishee) and a copy on the defendant, __________________________________________________________ and make proper return to this Court. (Name of defendant)
Civil cases
Page 1 | WRIT OF GARNISHMENT
The defendant must mail or deliver a copy of the Claim of Exemption to the plaintiff and state on the filed claim whether and when the copy was sent.
ALSO, IT IS YOUR RESPONSIBILITY TO MAIL OR DELIVER A COPY OF THE CLAIM OF EXEMPTION TO THE PLAINTIFF WHO HAS A JUDGMENT AGAINST YOU. YOU MUST INDICATE ON THE CLAIM OF EXEMPTION THAT YOU FILED IN THE CLERK’S OFFICE WHETHER YOU MAILED OR DELIVERED THE COPY TO THE PLAINTIFF AND THE DATE ON WHICH YOU MAILED OR DELIVERED IT.
Civil cases
Page 2 | NOTICE TO DEFENDANT OF RIGHT TO CLAIM EXEMPTION FROM GARNISHMENT
Each parent must serve the CS-41 form on all parties within 14 days of receiving the order; the service method is not specified.
Within fourteen (14) days of receiving a copy of this order, each parent shall file with the court and serve upon all parties a form CS-41,iChild Support Obligation Income Statement/Affidavit."
Page 1 | STANDING GENERAL ORDER
The petitioner must serve the district attorney, law enforcement agency, and clerk of court for the jurisdiction whose records are sought to be expunged.
Section 15-27-3(b) Ala. Code (1975) requires the Petitioner to serve the “district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged.”
Page 8 | Instructions for Petitioner
The petitioner must certify to the Court that every court, agency, or other entity holding records relating to the underlying case was served.
The Petitioner must certify to the Court that each of the courts, agencies, or other entities holding records relating to the underlying case has been served.
Page 8 | Instructions for Petitioner
A copy of the written answer must be mailed or hand delivered to the plaintiff or the plaintiff’s attorney.
You or your attorney are required to mail or hand deliver a copy of a written answer either admitting or denying each allegation in the Statement of Claim (Complaint) to the Plaintiff or the Plaintiffs attorney(s) shown above or in the attached document.
Civil cases
Page 1 | TO THE ABOVE-NAMED DEFENDANT
Service of the summons by certified mail is initiated upon a written request under the Alabama Rules of Civil Procedure.
I Service by certified mail of this Summons is initiated upon the written request below of pursuant to the Alabama Rules of Civil Procedure. [Name (s)]
Civil cases
Page 1 | TO ANY SHERIFF OR ANY PERSON AUTHORIZED BY THE ALABAMA RULES OF CIVIL PROCEDURE TO SERVE PROCESS
A designated process server must be at least 19, not a party to the proceeding, and not related within the third degree by blood or marriage to the party seeking service.
As a designated process server pursuant to Rule 4(i)(1)(B), Alabama Rules of Civil Procedure, I certify that I am at least 19 years of age, I am not a party to this proceeding, and I am not related within the third degree by blood or marriage to the party seeking service of process.
Civil cases
Page 1 | RETURN ON SERVICE
The authorized process server is commanded to serve the summons and a copy of the Statement of Claim on the defendant.
You are hereby commanded to serve this Summons and a copy of the Statement of Claim (Complaint) in this action upon the above-named Defendant.
Civil cases
Page 1 | TO ANY SHERIFF OR ANY PERSON AUTHORIZED BY THE ALABAMA RULES OF CIVIL PROCEDURE TO SERVE PROCESS
When the party or a covered child is to change principal residence, the party must provide other persons with custody or visitation rights the specified residence, mailing, telephone, and applicable school information.
If there is to be a change of principal residence by you or by a child subject to the custody or visitation provisions of this order, you must provide the following information to each other person who has custody or visitation rights under this decree as follows: (a) The intended new residence, including the specific street address, if known. (b) The mailing address, if not the same as the street address. (b) The telephone number or numbers at such residence, if known. (d) If applicable, the name, address, and telephone number of the school to be attended by a child, if known.
Civil cases
Page 9 | 1. CUSTODY SCHEDULE
A party with custody or visitation rights must notify other parties with such rights of changes to the party’s address or telephone number and changes or proposed changes to a child’s principal residence or telephone number; this duty continues while the order applies and the party retains custody or visitation rights.
Alabama law requires each party in this action who has either custody of or the right of visitation with a child to notify other parties who have custody of or the right of visitation with a child of any change in his or her address or telephone number, or both, and of any change or proposed change of principal residence and telephone number or numbers of a child. This is a continuing duty and remains in effect as to each child subject to the custody or visitation provisions of this decree until such child reaches the age of majority or become emancipated and for so long as you are entitled to custody of or visitation with a child covered by this order.
Civil cases
Page 9 | 1. CUSTODY SCHEDULE
The sheriff or process server must also mail the defendant a copy of the complaint by first-class mail.
Sheriff/process server must also mail a copy of the complaint to defendant by first class mail.
Page 1 | SERVICE
Personal service must be attempted for a possession complaint.
Personal service must be attempted for possession complaint.
Page 1 | SERVICE
A money-claim complaint must be served under Rule 4 by certified mail or personal service through the Sheriff's office or a private process server.
Complaint for money must be served in accordance with Rule 4, Alabama Rules of Civil Procedure which requires service by certified mail or personal service by either the Sheriff's office or a private process server.
Page 1 | SERVICE
A sheriff or other person authorized under the Alabama Rules of Civil Procedure is commanded to serve the summons and a copy of the complaint or other document on the defendant.
TO ANY SHERIFF OR ANY PERSON AUTHORIZED BY THE ALABAMA RULES OF CIVIL PROCEDURE TO SERVE PROCESS: You are hereby commanded to serve this Summons and a copy of the Complaint or other document in this action upon the above-named Defendant.
Civil cases
Page 1 | SUMMONS - CIVIL
The defendant or the defendant’s attorney must mail or hand-deliver a copy of the answer to the plaintiff or the plaintiff’s attorney.
A COPY OF YOUR ANSWER MUST BE MAILED OR HAND DELIVERED BY YOU OR YOUR ATTORNEY TO THE PLAINTIFF(S) OR ATTORNEY(S) OF THE PLAINTIFF(S), ______________________________________________________________________________, WHOSE [Name(s) of Attorney(s)] ADDRESS(ES) IS/ARE:
Civil cases
Page 1 | NOTICE TO
The defendant must be served with the summons and complaint before the default-judgment motion is filed.
The motion was filed after the defendant was duly served with the summons and complaint
Civil cases
Page 1 | DEFAULT JUDGMENT ENTERED BY COURT
Make two copies of the completed form, keep one, and mail or hand deliver the other to the landlord or the landlord’s lawyer.
Make two copies of the completed form - one for you to keep and one to mail served the Statement of or hand deliver to your Landlord or the Landlord's lawyer at the address in the Statement of Claim
Page 1 | Instructions to Defendant
The plaintiff is responsible for ensuring that each defendant receives a copy of the Statement of Claim.
3. You are responsible for seeing that each defendant receives a copy of this form.
Page 2 | INSTRUCTIONS TO THE PLAINTIFF’S
The sheriff or authorized process server must serve the summons and Statement of Claim on the named defendant and make a proper return to the court.
You are hereby commanded to serve this summons and a copy of the Statement of Claim in this action upon the defendant(s) named __________________________________________________________________________________________________ ________________________________________________________________________________________________________ and make proper return to this court.
Page 2 | INSTRUCTIONS TO SHERIFF OR PROCESS SERVER
The parties must exchange witness and exhibit lists at least 10 days before trial; impeachment witnesses and exhibits need not be listed, and listing a witness does not commit a party to call or produce that witness.
At least ten (10) days prior to trial, the parties will exchange lists stating the names and addresses of all witnesses and describing all documents, bills, reports, photographs, and other exhibits which they expect to introduce. Copies of such exhibits will be attached to the lists. (Such lists need not include witnesses or exhibits for impeachment purposes. The listing of a witness does not commit a party to have such witness available for trial or to call a witness to testify).
Civil cases
Page 2 | EXHIBITS AND WITNESSES
Unless the other party gives written notice to the contrary within five days after the list is furnished, the other party is deemed to agree to the stated evidentiary propositions about the listed exhibits, photographs, and bills.
Upon such list being furnished, the other party shall - except to the extent written notice to the contrary is given within five days thereafter - be deemed to have agreed (for purposes of these actions only) that: the listed exhibits or their originals were kept in the ordinary course of business; copies of the listed exhibits may be used at trial to the same extent as originals (without accounting for originals); any photographs so listed fairly and accurately portray the scene therein depicted; and any bills for services or materials are reasonable in amount for services or materials therein billed.
Civil cases
Page 2 | EXHIBITS AND WITNESSES
Notice of a proposed change of a child’s principal residence must be sent by certified mail on or before the 45th day before the proposed change.
You must give notice by certified mail of the proposed change of principal residence on or before the 45th day before a proposed change of principal residence.
Civil cases
Page 11
If the information cannot reasonably be obtained in time for 45-day notice, notice must be sent by certified mail no later than the 10th day after obtaining it.
If you do not know and cannot reasonably become aware of such information in sufficient time to provide a 45-day notice, you must give such notice by certified mail not later than the 10th day after the date that you obtain such information.
Civil cases
Page 11
The certificate states that a copy was sent by prepaid first-class mail to all parties who are not in default.
Thereby certify that a copy of this Application, Affidavit, and Entry of Default Judgment has been Signed sent, by first class mail, postage prepaid, to all parties who are not in default in this case.
Civil cases
Page 1 | CERTIFICATE OF SERVICE ON OTHER PARTIES
Have copies of all exhibits other than photographs available to furnish opposing counsel at trial.
Have a copy of all exhibits (except photographs) to furnish opposing counsel at trial.
Civil cases
Page 1 | EXHIBITS
If personal service cannot be made, a copy of the possession complaint may be posted on the premises.
If unable to make personal service, may be served by posting a copy on the premises.
Page 1 | SERVICE
Filing Fees and Waivers
Four-percent electronic-filing convenience fees may be assessed as court costs upon written request and submission of a supporting affidavit.
WHEREAS, in many instances parties participating in the electronic filing of court documents are desirous of having the convenience fees, that being four percent, taxed as costs, and: WHEREAS, the Judges of the District Court of Madison County, Alabama, seek now to establish an expedient and uniform method of allowing such charges to be assessed as court costs, NOW, THEREFORE, the premises considered, it is hereby ORDERED, ADJUDGED and DECREED that UPON WRITTEN REQUEST, the expenses of electronically filing of court documents shall be assessed by the clerk as court costs upon submission of an affidavit in support of such.
Page 1 | STANDING ORDER TO ALLOW CONVIENIENCE FEES OF ALAFILE TO BE ASSESSED AS COSTS
A filing fee is required when seeking a default judgment under Rule 55(b).
Pursuant to Ala. Code 1975, §12-19-71(a) (10), a filing fee is required when seeking a default judgment pursuant to Rule 55(b), ARCP.
Civil cases
Page 1 | Entry of Default Judgment
A separate filing fee must be paid for each arrest when seeking expungement of charges arising from multiple arrests.
When the Petitioner is seeking the expungement of multiple charges arising from multiple arrests, a filing fee for each arrest shall be paid.
Page 4 | Additional Information
If the petitioner is not found indigent and the fee is not waived, only one $500 filing fee is paid for multiple charges arising from one arrest.
If the Court does not determine the Petitioner to be indigent and does not waive the $500.00 filing fee, when the Petitioner is seeking the expungement of multiple charges arising from one arrest, only one filing fee shall be paid.
Page 4 | Additional Information
Special-process-server expenses may be assessed as court costs upon written request and submission of a paid statement, but may not exceed the applicable Madison County Sheriff charges.
NOW, THEREFORE, THE PREMISES CONSIDERED, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that UPON WRITTEN REQUEST, the expenses of service of process paid to special process servers shall be assessed by the clerks of this judicial circuit as court costs upon submission of a paid statement, but however, only to the extent the expenses do not exceed those which would be charged by and paid to the Madison County Sheriff pursuant to applicable law.
Civil cases
Page 1 | FEES OF PROCESS SERVER TO BE TAXED AS COSTS
A $10.00 fee applies for each additional defendant.
$10.00 for each additional defendant
Page 1 | INITIATED BY FILING A COMPLAINT
The initial filing fee is $302.00.
the initial filing fee is $302.00;
Page 1 | INITIATED BY FILING A COMPLAINT
A $20.00 service fee applies for each party if service is by the Sheriff's Department.
along with a $20.00 service fee. (If served by Sheriff's Department) for each party.
Page 1 | INITIATED BY FILING A COMPLAINT
A $20.00 Sheriff's service fee is required for the writ.
* A $20.00 Sheriff service fee is required*
Page 2 | ENFORCEMENT OF COURT ORDER
The fee for filing for default is $50.00.
Filing fee for filing for default is $50.00.
Page 2 | IN NO ANSWER FILED
A $297 filing fee applies to a motion to intervene.
Motion to Intervene ($297.00)
Civil cases
Page 1 | Type of Motion
A $50 filing fee applies to a judgment-on-the-pleadings motion.
Judgment on the Pleadings ($50.00)
Civil cases
Page 1 | Type of Motion
A $50 filing fee applies to a Rule 56 summary judgment motion.
Summary Judgment pursuant to Rule 56($50.00)
Civil cases
Page 1 | Type of Motion
A $50 filing fee applies to a default judgment motion.
Default Judgment ($50.00)
Civil cases
Page 1 | Type of Motion
A $50 filing fee applies to a renewed dispositive motion not pursuant to Rule 12(b).
Renewed Dispositive Motion(Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)
Civil cases
Page 1 | Type of Motion
A $50 filing fee applies to a motion to dismiss or, alternatively, for summary judgment.
Motion to Dismiss, or in the Alternative Summary Judgment($50.00)
Civil cases
Page 1 | Type of Motion
Other pursuant to Rule ($50.00)
Other pursuant to Rule ($50.00)
Civil cases
Page 1 | Type of Motion
A $50 filing fee applies to a joinder in another party's dispositive motion, except a motion pursuant to Rule 12(b).
Joinder in Other Party's Dispositive Motion (i.e. Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)
Civil cases
Page 1 | Type of Motion
A $50 filing fee applies to a motion for judgment on the pleadings.
Judgment on the Pleadings ($50.00)
Civil cases
Page 1 | Motions Requiring Fee
A $50 filing fee applies to a motion to dismiss or, alternatively, for summary judgment.
Motion to Dismiss, or in the Alternative Summary Judgment($50.00)
Civil cases
Page 1 | Motions Requiring Fee
A $50 filing fee applies to a default judgment motion.
Default Judgment ($50.00)
Civil cases
Page 1 | Motions Requiring Fee
A $297 filing fee applies to a motion to intervene.
Motion to Intervene ($297.00)
Civil cases
Page 1 | Motions Requiring Fee
A $50 filing fee applies to joinder in another party's dispositive motion as described.
Joinder in Other Party's Dispositive Motion (i.e. Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)
Civil cases
Page 1 | Motions Requiring Fee
A $50 filing fee applies to a motion for summary judgment under Rule 56.
Summary Judgment pursuant to Rule 56($50.00)
Civil cases
Page 1 | Motions Requiring Fee
A $50 filing fee applies to an other motion made pursuant to a rule.
Other pursuant to Rule ($50.00)
Civil cases
Page 1 | Motions Requiring Fee
A $50 filing fee applies to a renewed dispositive motion of the types described.
Renewed Dispositive Motion(Summary Judgment, Judgment on the Pleadings, or other Dispositive Motion not pursuant to Rule 12(b)) ($50.00)
Civil cases
Page 1 | Motions Requiring Fee
A filing fee is required when seeking a default judgment under Rule 55(b), ARCP.
Pursuant to Ala. Code 1975, §12-19-71(a) (10), a filing fee is required when seeking a default judgment pursuant to Rule 55(b), ARCP
Civil cases
Page 1 | Rule 55, ARCP
Governmental entities are exempt from prepayment of filing fees.
Check here if you have filed or are filing Date: Signature of Attorney or Party: contemoraneously with this motion an Affidavit of Substantial Hardship or if you are filing on behalf of an agency or department of the State, county, or municipal government. (Pursuant to §6-5-1 Code of Alabama (1975), governmental entities are exempt from prepayment of filing fees)
Civil cases
Page 1 | Civil Motion Cover Sheet
The listed motion fees exclude Local Act fees; contact the Clerk of the Court about applicable local fees.
*Motion fees are enumerated in §12-19-71(a). Fees pursuant to Local Act are not included. Please contact the Clerk of the Court regarding applicable local fees.
Civil cases
Page 1 | Type of Motion
A motion titled 'Motion to Dismiss' that is actually a summary judgment motion and is not pursuant to Rule 12(b) is subject to a filing fee.
**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
Civil cases
Page 1 | Civil Motion Cover Sheet
Motions Not Requiring Fee Add Party Amend Change of Venue/Transfer Compel Consolidation Continue Deposition Designate a Mediator Judgment as a Matter of Law (during Trial) Disburse Funds Extension of Time In Limine Joinder More Definite Statement Motion to Dismiss pursuant to Rule 12(b) New Trial Objection of Exemptions Claimed Pendente Lite Plaintiff's Motion to Dismiss Preliminary Injunction Protective Order Quash Release from Stay of Execution Sanctions Sever Special Practice in Alabama Stay Strike Supplement to Pending Motion Vacate or Modify Withdraw Other pursuant to Rule (Subject to Filing Fee)
Motions Not Requiring Fee Add Party Amend Change of Venue/Transfer Compel Consolidation Continue Deposition Designate a Mediator Judgment as a Matter of Law (during Trial) Disburse Funds Extension of Time In Limine Joinder More Definite Statement Motion to Dismiss pursuant to Rule 12(b) New Trial Objection of Exemptions Claimed Pendente Lite Plaintiff's Motion to Dismiss Preliminary Injunction Protective Order Quash Release from Stay of Execution Sanctions Sever Special Practice in Alabama Stay Strike Supplement to Pending Motion Vacate or Modify Withdraw Other pursuant to Rule (Subject to Filing Fee)
Civil cases
Page 1 | Type of Motion
An other motion pursuant to a rule is subject to a filing fee, although the amount is not specified here.
Other pursuant to Rule (Subject to Filing Fee)
Civil cases
Page 1 | Motions Not Requiring Fee
Governmental entities are exempt from prepaying filing fees under the cited provision.
(Pursuant to §6-5-1 Code of Alabama (1975), governmental entities are exempt from prepayment of filing fees)
Civil cases
Page 1 | Civil Motion Cover Sheet
A defendant or tenant may bring a counterclaim in District Court without a filing fee.
Counterclaims are allowed by the defendant/tenant, and there is no filing fee for this action in District Court.
Page 1 | INITIATED BY FILING A COMPLAINT
The motions listed under the “Motions Not Requiring Fee” heading do not require a filing fee.
Motions Not Requiring Fee
Civil cases
Page 1 | Motions Not Requiring Fee
Courtesy Copy Requirements
Submissions exceeding 25 pages must be copied and delivered to the judge's office as soon as practicable after e-filing.
Any submissions exceeding 25 pages must be copied and delivered to the judge's office as soon as practicable after the submission is e-filed.
Civil cases
Page 4 | DISPOSITIVE MOTIONS
Submissions longer than 25 pages must be copied and delivered to the judge's office as soon as practicable after e-filing.
Any submissions exceeding twenty-five pages must be copied and delivered to the judge's office as soon as practicable after the submission is e-filed.
Civil cases
Page 3 | DISPOSITIVE MOTIONS
Sealing & Redaction Procedures
If the charges are expunged, references to them must be redacted at the conclusion of the related pending civil matter.
At the conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged shall be redacted in the event the criminal charges are expunged.
Page 4 | Additional Information
The remainder of a schedule page relating to other accounts is generally redacted.
Generally the remainder of the page relating to other accounts will be redacted.
Civil cases · Court notice
Page 1 | NOTICE TO ATTORNEYS WHO HANDLE ASSIGNMENT CASES
Each side is permitted to exchange sealed medical records under the cited statute.
Each side is allowed to exchange sealed medical records pursuant to Title 25-5-81 (f)(4).
Civil cases
Page 1 | DISCOVERY
Pre-Motion Conference Requirements
Contact opposing counsel before filing a motion to compel discovery.
Always contact opposing counsel before filing motions to compel discovery.
Civil cases
Page 1 | MOTIONS
Counsel should try to resolve contempt issues before filing; contempt motions should not be filed lightly or for every violation, and should be filed only when the issue warrants Court involvement and possible sanctions.
Motions for contempt should not be filed lightly, nor for every violation of an order. Try to resolve the problem between counsel prior to filing a motion, and then only file if it is important enough to involve the Court and warrant possible sanctions.
Civil cases
Page 1 | MOTIONS
Adjournment & Extension Requirements
A party’s failure to have a witness present when needed will not delay trial.
Failure of a party to have a witness present when needed will NOT delay the trial.
Civil cases
Page 5 | Standard Pretrial Order - Workers' Compensation Cases
A continuance motion must certify that the filing attorney personally contacted opposing counsel and disclose opposing counsel's position.
Every motion filed requesting a continuance shall include a certification that the attorney filing the motion has personally contacted opposing counsel, and whether the motion is opposed or not by opposing counsel.
Civil cases
Page 1 | MOTIONS
The Court recommends holding mediation as early as possible, but cases will not be continued for mediation.
Mediation is recommended by the Court, and should be held as early in the case as possible. Cases will not be continued for mediation.
Civil cases
Page 2 | MEDIATION
Chambers Communication Rules
Requested jury charges must be emailed to the Court's judicial assistant.
Requested Jury Charges must be emailed in MS Word Format to the Court's judicial assistant at least seven (7) days prior to trial.
Civil cases
Page 4 | REQUESTED JURY CHARGES - Retaliatory Discharge Cases
The participant must inform the Court or Compliance Panel within 3 days of any new arrest, including traffic citations.
I understand that I must inform the Court or Compliance Panel within 3 days of any new arrest, including traffic citations.
Criminal cases
Page 6 | II. Rules for Enrollment and Participation
The participant must inform the Court or Compliance Panel within 3 days of changing residence or employment.
I understand that I must inform the Court or Compliance Panel within 3 days if I change residence or employment.
Criminal cases
Page 6 | II. Rules for Enrollment and Participation
REQUESTED JURY CHARGES must be emailed in MS Word Format to the Court's judicial assistant
REQUESTED JURY CHARGES must be emailed in MS Word Format to the Court's judicial assistant
Civil cases
Page 4 | REQUESTED JURY CHARGES
Scheduling problems should be brought to the Court before trial, if possible.
scheduling problems must be brought to the attention of the Court prior to trial if possible.
Civil cases
Page 5 | Standard Pretrial Order - Workers' Compensation Cases
Each party must keep a current mailing address, email address, and telephone number on file with the Clerk's Office while the case is pending.
Each party MUST keep a current mailing address, e-mail address and telephone number with the Clerk's Office during the pendency of this case.
Civil cases
Page 2
The Court may discuss legal issues by scheduled appointment only when both counsel are present.
The Court is available to discuss legal issues by scheduled appointment but only with both counsel present.
Civil cases
Page 1 | MOTIONS
Discuss any difficulty meeting a deadline with opposing counsel before the deadline expires.
Discuss any problem in meeting deadlines with opposing counsel before deadlines expire.
Civil cases
Page 1 | MOTIONS
If an emergency prevents the defendant from attending court on the listed date, the defendant must contact the Court at the provided number to make other arrangements.
If an emergency arises and I cannot make it to court on the above listed date, I will make contact with the Court at (256) 532-3618 to make other arrangements.
Criminal cases
Page 7 | II. Rules for Enrollment and Participation
The defendant is responsible for informing the court of changes to the provided contact information.
I acknowledge that the contact information provided below is true and accurate and that it is my responsibility to inform the court of any changes in that information.
Criminal cases
Page 7 | II. Rules for Enrollment and Participation
If the plaintiff has not heard about the case in about 14 days, the plaintiff should check with the clerk’s office to confirm service on each defendant.
If you haven’t heard from anyone about the case in about fourteen days, then check with the clerk’s office, to make sure that each defendant has been served.
Page 2 | INSTRUCTIONS TO THE PLAINTIFF’S
Whenever contacting the clerk about the case, refer to the case number shown on the front of the form.
ANY TIME YOU CONTACT THE CLERK ABOUT THIS CASE YOU MUST REFER TO THE CASE NUMBER ON THE FRONT.
Page 2 | INSTRUCTIONS TO THE PLAINTIFF’S
The listed motion fees do not include fees under a Local Act; contact the Clerk of the Court about applicable local fees.
*Motion fees are enumerated in §12-19-71(a). Fees pursuant to Local Act are not included. Please contact the Clerk of the Court regarding applicable local fees.
Civil cases
Page 1 | Motions Requiring Fee
For an appealed case that has reached final disposition, exhibits must be requested from the clerk's office.
In the event the case was appealed and has reached final disposition, the exhibits must be requested from the clerk's office.
Page 1 | FOR EXHIBITS ENTERED INTO EVIDENCE AT THE TRIAL COURT LEVEL
To obtain exhibits, a party at interest or counsel must notify the reporter assigned to the presiding judge, or the reporter assigned to that judge's successor if the former judge no longer sits in Madison County.
Any party at interest, or counsel for such party, wanting to obtain any exhibits, must notify the current court reporter assigned to the judge presiding over the case. If the judge that presided over the case is no longer a sitting Madison County judge, notify the court reporter that is assigned to the judge currently serving in the position vacated by the previous judge.
Page 1 | FOR EXHIBITS ENTERED INTO EVIDENCE AT THE TRIAL COURT LEVEL
Any witness-scheduling problems must be brought to the Court's attention before trial if possible.
Any scheduling problems must be brought to the attention of the Court prior to trial if possible.
Civil cases
Page 4 | CONDUCT OF TRIAL
A recommended sample certificate form may be obtained from the court clerk in room 821 of the Madison County Courthouse.
A recommended sample form for that certificate may be obtained from the clerk of the court, whose office is located in room 821 of the Madison County Courthouse.
Page 1 | CERTIFICATE OF COMPLIANCE REQUIRED
Contact the Clerk of the Court regarding applicable local fees.
Please contact the Clerk of the Court regarding applicable local fees.
Civil cases
Page 1 | Type of Motion
Anyone unsure which court reporter to notify may contact the Madison County Presiding Judge's office for assistance.
If you are unsure of which court reporter to notify, you may contact the office of the Madison County Presiding Judge for assistance.
Page 1 | FOR EXHIBITS ENTERED INTO EVIDENCE AT THE TRIAL COURT LEVEL