Madison County Circuit Court, Alabama Document Filing Requirements

CRITICAL

Applies to

DV Civil proceeding

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

I understand that a corporation, LLC or partnership is required by law to be represented by a licensed attorney in DV Civil proceedings in District Court actions,

CRITICAL

Applies to

Petition

The petitioner’s name on the second line must match the title of the underlying case.

The Petitioner’s name on the second line must match the title of the underlying case—the case the Petitioner is petitioning to have expunged.

CRITICAL

Applies to

Petition

The petition must list the full court case number of the underlying case.

The Petitioner must list the full court case number of the underlying case—the case the Petitioner is petitioning to have expunged.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion requesting a continuance must include a certification that the filing attorney personally contacted opposing counsel and state whether opposing counsel opposes the motion.

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.

CRITICALCivil cases

Applies to

Notice

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.

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.

CRITICALCivil cases

Applies to

Petition

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.

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.

CRITICAL

Applies to

Conflict letter

The conflict letter must list each scheduled hearing or trial and provide the case style, hearing date and time, assigned judge, and filing date.

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.

CRITICAL

Applies to

Petition

The petitioner must complete the entire title section above the solid black line.

The Petitioner must fully complete the entire title section (above the solid black line) of the Petition.

CRITICALCivil casesCourt notice

Applies to

Assignment case proof

To obtain judgment in an assignment case, the filer must provide proof of the original account through either the account-establishing writing, contract, or agreement, or the specified last monthly statement.

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.

CRITICALCivil cases

Applies to

Witness and exhibit lists

Copies of the listed exhibits must be attached to the witness and exhibit lists.

Copies of such exhibits will be attached to the lists.

CRITICALCivil cases

Applies to

Relocation notice

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.

(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.

CRITICALCivil cases

Applies to

Summons and complaint

The party filing the original action must attach a copy of the Order to the summons and complaint for service.

The party filing the original action shall attach a copy of this Order to the summons and complaint for service therewith.

CRITICAL

Applies to

Proposed child support order

Upon receiving the income affidavits, the Guardian Ad Litem must calculate each parent's support obligation under Rule 32 and file 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.

CRITICAL

Applies to

Written notice of physical placement change

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.

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.

CRITICAL

A supporting affidavit must be submitted for electronic-filing expenses to be assessed as court costs.

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.

CRITICALCivil casesCourt notice

Applies to

Assignment case judgment proof

Proof of the original account must be the account-establishing writing, contract, or agreement, or the original creditor’s last monthly statement identifying the creditor, debtor, statement date, account number, and final balance.

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.

WARNINGCivil cases

Applies to

Expert disclosure

Parties must seasonably supplement responses identifying expert witnesses as required by Rule 26(e)(1)(B).

Considering that the identity of expert witnesses is usually a question included in interrogatories, the parties are reminded of the duty imposed by Rule 26(e)(1)(B) to seasonably supplement responses.

WARNINGCriminal cases

Applies to

Statement of service

The applicant's statement of service must include a certification that it is true.

I certify that the foregoing statement is true.

WARNINGCivil cases

Applies to

Notice of assignment of judgment

If an executed assignment is attached to a Notice of Assignment of Judgment, the Clerk’s Office may move the original Plaintiff and designate the moving party as C001 without further judicial intervention.

It is ordered that if a "Notice of Assignment of Judgment" is filed in a district court civil or small claims case, and so long as the executed assignment as required under Alabama Code § 6-9-196 is attached, the Madison County Court Clerk's Office may: (1) Move the original Plaintiff to the next available PARTY designation (2) Make the moving party designated in the position of C001 (3) Said action may be undertaken without further judicial intervention.

WARNINGCivil cases

Applies to

Exhibit list

Prepare an exhibit list before trial.

Copy and mark exhibits prior to trial and prepare exhibit list.

WARNING

Applies to

Answer

To oppose the eviction or the landlord’s money claim, check the applicable boxes and sign below.

To oppose the eviction and/or your landlord's claim for money, check boxes and sign below:

WARNING

Applies to

Petition

The petitioner is advised to attach certified records from all potentially relevant law enforcement agencies and court clerks.

It is, therefore, recommended that the Petitioner attach to the Petition certified copies of arrest, booking, or incarceration records from ALL law enforcement agencies (city, county, and state), and certified copies of case action summaries or dispositions from ALL court clerks (municipal, district, and circuit) who may hold records of any kind relating to the underlying case.

WARNINGCriminal cases

Applies to

Statement of service

The service statement must be in the applicant's own words and describe the specified military-service details.

The following is a statement in the applicant's own words describing my service as a member of the United States Armed Forces, including rank, decorations, awards, tours of duty abroad, duty stations and any preferral or referral of charges against the applicant.

WARNINGCivil casesCourt notice

Applies to

Assignment case judgment proof

Proof may be a copy of the relevant schedule page identifying the Defendant, account number, and balance at assignment; the portion concerning 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.

WARNING

Applies to

Statement of claim

The plaintiff should be brief while including every important name, date, and place in the claim.

Be as brief as possible but include every important name, date and place

WARNINGCriminal cases

Applies to

Application

An applicant who is no longer on active duty or active reserve duty must attach a DD Form 214 detailing the circumstances and characterization of discharge.

If the applicant is no longer a member of active duty or active reserve duty, then they have attached a copy of their DD Form 214 which details the circumstances and characterization of discharge from the Armed Forces.

WARNING

Applies to

Complaint

The complaint procedure identifies Form No. C-59, while noting that a new form is being developed.

INITIATED BY FILING A COMPLAINT: Form No. C-59. (New Form is being developed)

WARNINGCivil cases

Applies to

Garnishee answer

If the only money in your possession or control belonging to the defendant is Social Security, SSI, VA or federal retirement moneys, you should indicate in your answer “all such money is exempt from execution.”

If the only money in your possession or control belonging to the defendant is Social Security, SSI, VA or federal retirement moneys, you should indicate in your answer “all such money is exempt from execution.”

WARNINGCivil cases

Applies to

Expert disclosure

Parties must seasonably supplement their responses as required by Rule 26(e)(1)(B).

the parties are reminded of the duty imposed by Rule 26(e)(1)(B) to seasonably supplement responses.

WARNINGCivil cases

Applies to

Civil motion cover sheet

Check the cover-sheet box if an Affidavit of Substantial Hardship is or will be filed contemporaneously, or if filing for a state, county, or municipal agency or department.

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.

WARNINGCriminal cases

Applies to

Application

If the applicant cannot attach a DD Form 214, the applicant must attach a sworn affidavit about the circumstances and characterization of discharge.

If they are unable to attach my DD Form 214 then the applicant has attached a sworn affidavit regarding the circumstances and characterization of the applicant's discharge from the Armed Forces:

WARNINGCriminal cases

Applies to

Statement of service

The statement of service form provides for the defendant's printed name and signature.

Defendant (Print Name) Defendant (Signature)

WARNINGCivil cases

Applies to

Garnishee answer

Mailing a notarized Answer form to the Clerk constitutes a proper appearance in court.

Mailing the notarized Answer form to the Clerk of the Court at the address below constitutes making a proper appearance in the Court.

WARNING

Exhibits will be released after an appropriate receipt is executed.

Upon execution of an appropriate receipt, exhibits will be released.

CRITICAL

The petitioner must respond to every listed item and, where an item does not apply, say so and explain why if possible.

A response is required as to each point. If any of the items do not apply, the Petitioner must specify that they do not apply and, if possible, why they do not apply.