Madison County Circuit Court, Alabama Document Filing Requirements

CRITICAL

Applies to

Statement of claim

The Statement of Claim must identify each defendant by correct legal name and address, not a post office box.

Each defendant must be described by his/her correct legal name and address (not a post office box).

CRITICALCriminal cases

Applies to

Admission of guilt

The admission must identify the defendant and attorney and state facts concerning the arrest and offense date, with the defendant declaring that the statement is voluntary and made in the attorney's presence.

(your name), hereby voluntarily and in the presence of my attorney (attorney's name), state the following facts concerning my arrest on (date of offense):

CRITICAL

Applies to

Answer

Complete and sign the Answer.

Complete and sign this Answer.

CRITICALCivil cases

Applies to

Trial exhibits

Each party must give the Court Reporter, before the jury is struck, an exhibit list that describes each exhibit by its corresponding number.

furnish the Court Reporter with a list of exhibits, describing each by its corresponding number, prior to striking a jury.

CRITICAL

Applies to

Motion

Must include

proposed order

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.

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.

CRITICAL

Applies to

Application

If medical insurance is unavailable, parents must apply to Medicaid and ALL Kids within seven days after service of the petition.

If medical insurance is unavailable to the parent(s), parent(s) shall make application to Medicaid and to ALL Kids within seven (7) days of a petition for involuntary commitment to the Alabama Department of Mental Health and Retardation having been served on the parents).

CRITICALCriminal cases

Applies to

Motion to transport

Each motion must include the defendant's identifying information and charges, the facility where the defendant is located, and the hearing's date, time, and place.

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.

CRITICALCivil casesCourt notice

Applies to

Assignment case judgment proof

Each assignment must be accompanied by proof that the subject account appears in the referenced schedule of accounts.

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.

CRITICALCivil cases

Applies to

Relocation notice

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

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

CRITICAL

Applies to

Tenant notice

The tenant notice must provide the right to pay delinquent rent or correct lease prohibitions.

Notice must provide for right to pay any delinquent rents or correct any lease prohibitions also known as the right to cure.

CRITICALCivil cases

Applies to

Default judgment

Requested attorney's fees in a default judgment must be determined by the judge, not the clerk.

Attorney Fee (if requesting attorney's fees, it must be determined by the judge, not the clerk).

CRITICAL

Applies to

Petition

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.

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.

CRITICALCivil cases

Applies to

Answer

The enclosed answer form must be completed and delivered or mailed to the court clerk.

Fill out the enclosed answer form and deliver or mail it to the court clerk.

CRITICAL

Applies to

Petition

A petitioner seeking expungement of multiple charges must complete a separate petition for each charge.

If the Petitioner seeks to have each charge expunged, the Petitioner must fill out a separate petition for each charge.

CRITICALCivil cases

Applies to

Motion

*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.

*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.

CRITICALCriminal cases

Applies to

Admission of guilt

The admission must include the defendant's verification of the statement's accuracy and voluntariness, and the stated consequences of acceptance or rejection from the Deferred Prosecution Program.

I have read the above statement and verify that it is a true and accurate representation of fact, this day of → 20. I verify that I have not in any manner altered the truthful account of the facts surrounding my case in order to receive the privilege of participating in the Deferred Prosecution Program. I further verify that I enter this Admission of Guilt voluntarily, and that I have not been coerced or threatened into doing so. I understand that only in the event I am rejected for the Deferred Prosecution Program that this Admission of Guilt will not be used against me in the further disposition of this matter, whether by plea, trial, or otherwise. However, I also understand that in the event I am admitted to the Deferred Prosecution Program and am subsequently terminated from that Program for non-compliance, this Admission of Guilt will be used against me in subsequent proceedings regarding this matter, including its admission at any trial regarding this matter.

CRITICALCivil cases

Applies to

Motion

*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.

*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.

CRITICALCivil cases

Applies to

Application and affidavit for entry of default judgment

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

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

CRITICAL

Applies to

Original action

An original action filing must include a copy of the Notice to Tenant.

Please include a copy of the "Notice to Tenant" when filing an original action.

CRITICALCivil cases

Applies to

Court order

The order must be kept in the Family Court Division office of the Circuit Court Clerk and entered in the Juvenile Court minutes.

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.

CRITICALCivil cases

Applies to

Claim of exemption

To claim an exemption, the defendant must prepare a Claim of Exemption listing all wages and personal property, have it notarized, and file it with the Clerk.

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.

CRITICALCivil casesCourt notice

Applies to

Assignment case judgment proof

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.

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

Answer

The defendant must file the original answer with the clerk of the court.

(YOU MUST FILE THE ORIGINAL ANSWER WITH CLERK OF THIS COURT).

CRITICALCivil cases

Applies to

Witness and exhibit lists

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.

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).

CRITICAL

Applies to

Petition

The petitioner must sign the petition under oath and have the signature verified by an authorized official or notary public.

The Petitioner must sign this document under oath and the signature must be verified by an official authorized to administer oaths or a notary public.

CRITICALCivil casesCourt notice

Applies to

Assignment case proof

Each assignment must be accompanied by proof that the subject account is included in the schedule referenced in the assignment document.

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.

CRITICALCivil cases

Applies to

Witness and exhibit lists

Unless the parties agree otherwise, unlisted witnesses and exhibits may not be offered except for impeachment or rebuttal, unless the Court grants relief for good cause.

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.

CRITICAL

Applies to

Copy of order

The Clerk must file a copy of the Order in each designated case, and the Order applies to the parties subject to sanctions for noncompliance.

A copy of this Order shall be filed by the Clerk of the Court in each case so designated above, and shall be adhered to all parties, subject to sanctions for failure to comply.

CRITICALCivil casesCourt notice

Applies to

Assignment case judgment proof

Submit an affidavit of the current account balance from an identified, authorized agent of the named Plaintiff and explain any difference from the original creditor’s balance.

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.

CRITICAL

Applies to

Statement of claim

To start the case, the plaintiff must file the completed form with the Small Claims clerk.

2. To start your case you must file the completed form with the clerk assigned to Small Claims

CRITICALCivil cases

Applies to

Agreement

An agreement that conflicts with the Order must be in writing, executed by both parties, and submitted to the Court for approval.

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.

CRITICALCriminal cases

Applies to

Application

The application must include a DD Form 214 or, if the applicant cannot obtain one or remains on active duty, a sworn affidavit with the specified service details.

I understand that my application must be accompanied by a copy of my DD Form 214 which identifies the circumstances and characterization of discharge from the Armed Forces. If I am unable to obtain a DD Form 214, or remain on active duty, then I understand that my application must be accompanied by a sworn affidavit detailing my service in the Armed Forces to include branch of service, length of service, rank at time of discharge or current rank, date of discharge (if discharged) and characterization of service (if discharged).

CRITICAL

Applies to

Petition

A separate petition must be completed for each qualifying conviction.

Likewise, a separate petition must be filled out for each qualifying conviction.

CRITICAL

Applies to

Petition

Must include

certificate of service

Attorneys may use a different form, but their petition must include a certificate of service that complies with the cited statute and rules.

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.

CRITICALCivil cases

Applies to

Answer

The original answer must be filed with the court clerk.

You must also file the original of your answer with the clerk of this court

CRITICAL

Applies to

Petition

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.

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.)

CRITICAL

Applies to

Petition

Each petition must be limited to one charge.

There may be more than one charge on any given case number, but each petition must be limited to one charge.

CRITICAL

Applies to

Petition

The petition must include, at minimum, a certified local record relating to the charge and a certified criminal record from ALEA.

Section 15-27-3(b) Ala. Code (1975) requires, as a minimum, that petitioners include BOTH a certified record relating to the charge from the local entity (either law enforcement or court) AND a certified criminal record from the state agency - the Alabama Law Enforcement Agency (ALEA).

CRITICALCivil cases

Applies to

Written court report

Written court reports in dependency proceedings must detail the Department’s compliance, including who was notified and how notice was given.

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.

CRITICAL

Applies to

Writ of restitution or possession

A landlord seeking return of the property must file a Writ of Restitution or Possession, Form C-59a.

In order for property to be returned to the landlord, the landlord must file a Writ of Restitution or Possession (Form C-59a)

CRITICALCivil cases

Applies to

Notice of desire to use special process server

A party seeking service by special process server must file written notice with the original pleadings in each covered civil action.

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.

CRITICAL

Applies to

Patient Inquiry form

Parents must complete the Patient Inquiry form provided by 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 parents) shall complete a Patient Inquiry form provided by Decatur General West Behavioral Medicine Center.

CRITICAL

Applies to

Certificate

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.

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.

CRITICALCriminal cases

The admission form provides for the defendant's signature and date.

Defendant's Signature Date

CRITICALCivil cases

Applies to

Motion

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.

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.

CRITICAL

Applies to

Answer

Must include

certificate of service

Complete and sign the Certificate of Service at the bottom of the form.

Complete and sign the Certificate of Service at the bottom of this form

CRITICALCivil cases

Applies to

Garnishee answer

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.

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.

CRITICALCivil cases

Applies to

Application and affidavit for entry of default judgment

Must include

certificate of service

The default-judgment application form includes a certificate of service for copies sent to parties who are not in default.

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.

CRITICAL

Applies to

Petition

The petitioner must provide an address for every listed agency or department and may attach additional pages if needed.

The Petitioner must include an address for each agency, department, etc. listed. Additional pages may be attached if necessary.

CRITICALCivil casesCourt notice

Applies to

Assignment case proof

The filer must provide an affidavit of the current account balance from an identified, authorized agent of the named Plaintiff.

4. An affidavit of the current account balance by an identified, authorized agent of the named Plaintiff.