Madison County Circuit Court, Alabama Filing Timing and Cure Windows

A fourteen-day notice is required for reasons other than failure to pay rent.

fourteen day notice for anything else.

Deadline

14 calendar days

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).

Civil cases

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

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

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.

Deadline

7 business days

A seven-business-day notice is required for failure to pay rent.

Seven business day notice for failure to pay rent

Civil cases

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

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

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

Responsive experts must be disclosed no later than 30 days before trial.

Responsive experts must be disclosed no later than 30 days prior to trial.

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.

Deadline

7 calendar days

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.

Civil cases

All parties must make their initial expert disclosures no later than 60 days before trial.

all parties must make initial disclosures of experts no later than 60 days prior to trial.

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.

Civil cases

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.

Deadline

7 calendar days

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.

Civil cases

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

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

Motions in limine must be filed seven days before trial.

Motions in Limine must be filed seven (7) days prior to trial.

Civil cases

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

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

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.

The plaintiff may take a default judgment 14 days after the defendant receives the form if the defendant has not filed an Answer.

You may take a judgment by default fourteen (14) days after the defendant has received a copy of this form, if the defendant fails to file his/her Answer.

Civil cases

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

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.

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.

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."

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.

For exhibits introduced before March 1, 2022, in finally disposed cases, a return request had to be made by April 1, 2023, or the exhibits would be destroyed.

Any party at interest, or counsel for such party, wishing to have exhibits returned that were introduced into evidence at the trial court level prior to March 1, 2022, in cases that have reached final disposition, must request same by April 1, 2023. If a request is not made by said date, the exhibits will be destroyed.

Civil cases

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

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

The court reporter must file the completed ARAP-11 index and exhibits with the Clerk on the day the appeal is filed.

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.

Civil cases

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.

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.

Appealed cases must be set in the Circuit Court within 60 days.

Appealed cases must be set in the Circuit Court within 60 days.

Civil cases

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

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.

Criminal cases

Applies to

Motion to transport

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.

Civil cases

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

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.

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.

Civil cases

Dispositive motions must be filed at least 60 days before trial.

DISPOSITIVE MOTIONS must be filed at least 60 days prior to trial.

Civil cases

Discovery must be completed at least 30 days before trial.

Discovery must be completed 30 days prior to trial.

Civil cases

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

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

Deadline

15 calendar days

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.

The defendant must complete the enclosed Answer form and deliver or mail it to the clerk within 14 days after receiving the papers.

HOWEVER, IF YOU, OR YOUR LAWYER, FAIL TO FILL OUT THE ENCLOSED ANSWER FORM AND 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, A JUDGMENT CAN BE TAKEN AGAINST YOU FOR THE MONEY OR PROPERTY DEMANDED IN THE FOLLOWING COMPLAINT, ONCE A JUDGMENT HAS BEEN ENTERED AGAINST YOU, YOUR PAYCHECK CAN BE GARNISHED AND/OR YOUR HOME OR PROPERTY SOLD TO SATISFY THAT JUDGMENT.

Deadline

7 calendar days

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.

Civil cases

Deadline

7 calendar days

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

A non-relocating party must commence an action for a temporary or permanent order preventing the change within 30 days after receiving notice, or the relocation 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.