Madison County Circuit Court, Alabama Document Filing Requirements

CRITICAL

Applies to

CS-41 form

Each parent must file the CS-41 child support income statement with the court and serve it on all parties 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."

CRITICALCivil casesCourt notice

Applies to

Assignment case proof

A copy of the relevant schedule page may be used to show the account, and it should identify the Defendant, account number, and balance at assignment; the remainder relating to other accounts is generally redacted.

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.

CRITICALCivil casesCourt notice

Applies to

Assignment case judgment proof

Provide copies of every assignment from the original creditor through any intermediate assignees to the named Plaintiff.

2. Copies of all assignments from original creditor to intermediate assignees, if any, and the final assignment to named Plaintiff.

CRITICALCivil cases

Applies to

Notice

The notice must include a proposed revised custody or visitation schedule, if any.

A proposal for a revised schedule of custody of or visitation with a child, if any.

CRITICALCivil cases

Applies to

Dv civil complaint

An attorney must file the DV Civil complaint; otherwise, it is void and will be dismissed, and a later attorney appearance cannot cure it.

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.

CRITICALCivil cases

Applies to

Notice

If applicable, the notice must state the specific reasons for the proposed change of principal residence.

(6) A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

CRITICALCivil casesCourt notice

Applies to

Assignment case proof

The filer must provide copies of all assignments from the original creditor through any intermediate assignees and the final assignment to the named Plaintiff.

2. Copies of all assignments from original creditor to intermediate assignees, if any, and the final assignment to named Plaintiff.

CRITICALCivil cases

Applies to

Trial exhibits

Each party must mark and number its exhibits and provide the court reporter and Court with a correspondingly numbered exhibit list.

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.

CRITICAL

Applies to

Written list of adult relatives

Each parent must provide DHR a written list of the child's adult relatives' names, addresses, and telephone numbers within 14 days of receiving the order.

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.

CRITICAL

Applies to

Consent for Treatment and Financial Responsibility form

Parents must execute the Consent for Treatment and Financial Responsibility form with Decatur General West Behavioral Medicine Center within 72 hours after service of the petition.

Within seventy-two (72) hours of a petition for involuntary commitment to the Alabama Department Mental Health and Retardation having been served on the parents), the parents) shall execute a Consent for Treatment and Financial Responsibility form with Decatur General West Behavioral Medicine Center.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state the defendant's military-service status with supporting facts, or state that diligent inquiry could not determine that status.

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.

CRITICAL

Applies to

Petition

The petitioner must disclose all previous expungement petitions and may attach additional pages if necessary.

All previous petitions for expungement must be disclosed. Additional pages may be attached, if necessary.

CRITICALCivil cases

Applies to

Answer

The written answer must admit or deny each allegation in the Statement of Claim.

a copy of a written answer either admitting or denying each allegation in the Statement of Claim (Complaint)

CRITICALCivil casesCourt notice

Applies to

Assignment case proof

As an alternative, the filer may provide a printout of the subject-account data from the referenced electronic record, and the printout should state that the data was reproduced from records the assignor provided to the Plaintiff with the 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.

CRITICALCivil cases

Applies to

Default judgment

The judge must fill in the section labeled “FOR PURPOSES OF APPEAL.”

The following section below is to be filled by the Judge:

CRITICALCivil cases

Applies to

Affidavit

The affiant must appear before a notary public, magistrate, or judge and be sworn.

Before me, the undersigned notary public, magistrate or judge, personally appeared , who after being duly sworn by me, states on oath as follows:

CRITICAL

Applies to

Petition

The petitioner must provide the Court and ALEA with information needed to contact every entity holding records sought to be expunged.

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.

CRITICALCivil cases

Applies to

Expert disclosure

Expert disclosures must identify the subject matter, summarize the expected facts and opinions, and state the grounds for each; this disclosure requirement does not apply to lay witnesses testifying about vehicle speed from observing vehicles in motion.

"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).

CRITICAL

Applies to

DV Civil complaint

An attorney must file the DV Civil complaint; otherwise, the pleading is void and will be dismissed, and an attorney's later appearance cannot cure it.

and that 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.

CRITICALCivil cases

Applies to

Claim of exemption

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.

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.

CRITICAL

Applies to

Statement of claim

The plaintiff must complete a separate Statement of Claim form for each defendant.

1. You must complete one of these forms for each defendant you wish to sue.

CRITICALCivil cases

Applies to

Expert disclosure

Expert disclosures must identify the subject matter, summarize the expected facts and opinions, and state their grounds; this disclosure requirement does not apply to lay witnesses testifying about vehicle speed based on observing moving vehicles.

"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).

CRITICAL

Applies to

Plaintiff affidavit of ownership

With the initial pleadings, a plaintiff who is not represented by an attorney must complete and file a Plaintiff's Affidavit of Ownership.

The District Court Judges of the 23 Judicial Circuit having determined that it would be beneficial to the administration of justice in the District Court of Madison County for a General Administrative Order to be entered requiring the Plaintiff to complete and file the referenced document listed below with their initial pleadings in URLTA Unlawful Detainer action, HEREBY ORDER as follows: 1. Plaintiff shall complete and file Plaintiff's Affidavit of Ownership (if not represented by an attorney) 2. Plaintiff shall file the Notice of Termination

CRITICALCivil cases

Applies to

Relocation notice

The relocation notice must include the specific reasons for the proposed change of the child’s principal residence, if applicable.

A statement of the specific reasons for the proposed change of principal residence of a child, if applicable.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must certify under penalty of perjury that its statements are true.

Under penalty of perjury I hereby certify and declare the forgoing statements to be TRUE.

CRITICALCivil cases

Applies to

Written answer

The original written answer must be filed with the court clerk and must admit or deny each allegation.

YOU OR YOUR ATTORNEY ARE REQUIRED TO FILE THE ORIGINAL OF YOUR WRITTEN ANSWER, EITHER ADMITTING OR DENYING EACH ALLEGATION IN THE COMPLAINT OR OTHER DOCUMENT, WITH THE CLERK OF THIS COURT.

CRITICAL

Applies to

Insurance information

Parents must provide all insurance information to Decatur General West Behavioral Medicine Center within 72 hours after service of the petition.

Within seventy-two (72) hours of a petition for involuntary commitment to the Alabama Department of Mental Health and Retardation having been served on the parents), the parent(s) shall provide all insurance information to Decatur General West Behavioral Medicine Center.

CRITICALCivil cases

Applies to

Affidavit

An affidavit is required under the Servicemembers Civil Relief Act for the relevant default-judgment proceeding.

AFFIDAVIT REQUIRED BY Servicemembers Civil Relief Act (50 U.S.C.A. 501, et seq. as amended)

CRITICALCivil cases

Applies to

Trial witnesses and exhibits

Parties may not offer witnesses or exhibits omitted from the lists unless the parties specifically agree or the Court grants relief for good cause; impeachment use is excepted.

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 purposes) unless relieved by the Court for good cause shown.

CRITICALCivil cases

Applies to

Dv civil proceeding

Corporations, LLCs, and partnerships in District Court DV Civil proceedings must be represented by a licensed attorney.

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

CRITICAL

Applies to

Plaintiff affidavit

A plaintiff who is not represented by an attorney must complete and file a Plaintiff's Affidavit with the initial pleadings in a DV Civil action.

requiring the Plaintiff to complete and file the referenced document listed below with their initial pleadings in DV Civil action, HEREBY ORDER as follows: Plaintiff shall complete and file Plaintiff's Affidavit (if not represented by an attorney).

CRITICAL

Applies to

Petition

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.

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).

CRITICALCivil cases

Applies to

Written report

The guardian ad litem must provide the Court, attorneys of record, and non-represented parties a written report at least five days before a dispositional or permanency hearing, certifying that consultation occurred and addressing the child’s best interests.

Provide the Court, each attorney of record and each non-represented party, at least five (5) days prior to a dispositional or permanency hearing, a written report certifying that the consultation occurred and whether the permanency plan and any transition to independent living is in the best interests of the child.

CRITICALCivil cases

Applies to

Appeal

The court reporter must complete and file ARAP-11, the Court Reporter's Index of Trial Exhibits, with the exhibits.

The court reporter will complete ARAP-11, Court Reporter's Index of Trial Exhibits, https://eforms.alacourt.gov/appellate-forms/ and file said form, along with the exhibits, on the day the appeal is filed with the Clerk of the Court.

CRITICALCivil cases

Applies to

Application and affidavit for entry of default judgment

The affidavit must include the listed attestations concerning personal knowledge, service, elapsed time, failure to defend, defendant status, military service, and waiver of exemptions.

The affiant, _, being duly sworn, states as follows: 1. That the affiant has personal knowledge of the facts set forth in the affidavit. 2. That the defendant was served with a summons and a copy of the Statement of Claim/Complaint on (date) 3. That more than _ days have elapsed since the defendant was served with a summons and a copy of the Statement of Claim/Compliant. 4. That the defendant has failed to answer or otherwise defend against the plaintiff's Statement of Claim/Complaint. 5. That this affidavit is executed by the affiant in accordance with Rule 55(b), ARCP, for the purpose of enabling the plaintiff to obtain a default judgment against the defendant, for the defendant's failing to answer or otherwise defend against the plaintiff's Statement of Claim/Complaint. 6. That the defendant is not an infant or an incompetent person, and there has been no violation of the provisions of Ala. Code 1975, Chapter 19, Title 5 7. That the defendant is Jis not in military service. 8. Judgment Conditions: • with without waiver of exemptions.

CRITICAL

Applies to

Certificate of service

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.

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.

CRITICALCivil cases

Applies to

Complaint

The complaint must include a short and plain statement showing that the plaintiff is entitled to relief.

(make a short and plain statement of the claim showing that the plaintiff is entitled to relief.)

CRITICALCivil cases

Applies to

Application and affidavit for entry of default judgment

A separate form must be completed for each defendant when a case involves multiple defendants.

* Separate form shall be completed for each defendant in cases involving multiple defendänts

CRITICALCivil cases

Applies to

Garnishee answer

The garnishee must retain a copy of the answer and return the original and two copies to the court clerk.

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.

CRITICAL

Applies to

Child and parent records

Within seven days of receiving the order, each parent must provide or help DHR obtain the specified child and parent records.

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.

CRITICALCivil cases

Applies to

Relocation notice

The relocation notice must warn the non-relocating person that an objection must be made within 30 days of receiving notice or relocation will be permitted, except for the stated Armed Forces relocation circumstance.

(h) 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.

CRITICAL

Applies to

Petition

A represented petitioner’s attorney must sign where indicated; an unrepresented petitioner must check the “pro se” box.

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.

CRITICALCivil cases

Applies to

Answer

The written answer must admit or deny each allegation in the complaint.

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.

CRITICALCivil cases

Applies to

Notice

The notice must state the intended change-of-residence date.

(S) The date of the intended change of principal residence of a child.

CRITICALCivil cases

Applies to

Answer form

The defendant or their lawyer must fill out the enclosed answer form.

FAIL TO FILL OUT THE ENCLOSED ANSWER FORM

CRITICALCivil cases

Applies to

Expert disclosure

Unless the parties specifically agree otherwise, unidentified experts may not be offered except purely for impeachment, unless the Court relieves the party for good cause.

Unless otherwise specifically agreed between the parties, the partics shall be precluded from offering any expert witnesses not so identified (other than purely for impeachment purposes) unless relieved by the Court for good cause shown.

CRITICALCivil cases

Applies to

Garnishee answer

The garnishee must read the garnishment process and instructions, select the appropriate answer(s), sign the answer, and have it notarized.

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.

CRITICAL

Applies to

Petition

The petitioner section must include the petitioner’s name and current contact information.

The “Petitioner” section must be completed with the Petitioner’s name and CURRENT contact information.

CRITICAL

Applies to

Written notice of serious occurrence

When a child is placed in a congregate care facility, DHR must notify the court and the child's Guardian Ad Litem in writing of a serious occurrence within seven days of its date.

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.

CRITICALCivil cases

Applies to

Garnishee answer

The garnishee's Answer must address the listed questions about indebtedness, contractual obligations, and property held for the defendant.

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.