Madison County Circuit Court, Alabama Service and Proof of Service Rules

CRITICALCivil cases

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)

CRITICALCivil cases

Applies to

Process of garnishment

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)

CRITICALCivil cases

Applies to

Answer

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.

CRITICALCivil cases

Applies to

Answer

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.

CRITICALCivil cases

Applies to

Disputed personal property list

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).

CRITICALCivil cases

Applies to

Claim of exemption

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.

CRITICAL

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.

CRITICALCivil cases

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).

CRITICAL

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.”

CRITICALCivil cases

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

CRITICALCivil cases

Service

Mail

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.

CRITICAL

Applies to

Possession complaint

Service

Mail to opposing party

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.

CRITICALCivil cases

Service

Mail

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)]

CRITICAL

Applies to

CS-41 form

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."

CRITICALCivil cases

Service

Mail

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Possession complaint

Service

Personal service

Personal service must be attempted for a possession complaint.

Personal service must be attempted for possession complaint.

CRITICALCivil cases

Service

Mail

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.

CRITICALCivil cases

Applies to

Exhibit list

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.

CRITICALCivil cases

Applies to

Witness and exhibit lists

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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

CRITICALCivil cases

Applies to

Domestic relations financial statement

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.

CRITICALCivil cases

Service

Court service

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Claim of exemption

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Service

Mail to all parties

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Service

Mail

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.

CRITICAL

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.

CRITICALCivil cases

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:

CRITICALCivil cases

Applies to

Expert witness disclosure

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.

CRITICALCivil cases

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

CRITICAL

Applies to

Money claim complaint

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.

CRITICALCivil cases

Applies to

Personal property list

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).

WARNINGCivil cases

Applies to

Exhibits

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.

WARNING

Service

Mail

Service of the summons and Statement of Claim by certified mail is initiated upon request.

This service by certified mail of this Summons and Statement of Claim is initiated upon the request of _______________________ ______________________________ pursuant to Rule 4.1.(c) of the Alabama Rules of Civil Procedure.

WARNING

Applies to

Possession complaint

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.

WARNINGCivil cases

Service

Mail

Service of the summons by certified mail is initiated upon written request.

Service by certified mail of this Summons is initiated upon the written request of __________________ [Name(s)] pursuant to the Alabama Rules of Civil Procedure.

INFO

After the Answer is filed, the court will mail and, if available, email a trial notice to the defendant.

After you file your Answer, the court will mail and email, if available, a trial notice to you.