13th Judicial Circuit Court, Mobile County, Alabama
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Clerk
Document Format Requirements5 rules
Each requested charge will be typed on letter size paper and identified by the party's last name and shall be numbered.
- Paper size
- Letter
Formatting
- •Typed
- •Numbered
Each requested charge will be typed on letter sized paper and identified by the party's last name and shall be numbered.
- Paper size
- Letter
Each requested charge will be typed on letter sized paper
- Paper size
- Letter
The Motion to Set and Certificate of Readiness will be in a form similar to that available in the Clerk's Office
When a case has been set for trial, no postponement of the trial will be considered by the Court except on a written motion substantially in the form previously approved by the Court. (Obtain from the Court a Request for Delay form)
Document Filing Requirements58 rules
_____ Final Decree ____ 60 days before remarriage (§30-2-8, §30-2-10) ____ 42 days for appeal (§30-2-8, §30-2-10) ____ payment of court costs ______ grant of divorce _____ Any relief requested not set out herein is hereby denied ____ Agreement is incorporated ____ Commissioner named from the agreement _____ Other: example (maiden name)
_____ Agreement (notarized) ____ Agreement to incorporate into final decree ____ Commissioner named in agreement
_____ Answer & Waiver
_____ Commission & Testimony(Plaintiff)
_____ Complaint with following required language: ____ Residence of parties (§30-2-5) ____ Age of parties ____ Date of marriage ____ Grounds for divorce (§30-2-8)
General Notary Acknowledgment (MUST BE USED WITH FORMS THAT REQUIRE NOTARIZATION)
Income Withholding Order (Complete the Middle Box of this form only)
The bills so admitted shall be presented to the court reporter for marking in evidence prior to trial.
Documents, exhibits or physical evidence so admitted hereunder shall be presented to the court reporter for marking in evidence prior to trial.
An objection to proposed materials must be in writing and state its grounds concerning genuineness or relevancy.
Court's wording
The same shall then be authenticated and admitted into evidence without further proof, unless written objections to any such documents or exhibits be made to the Court not less than 14 days prior to trial specifying the grounds of objection to the genuineness and relevancy of the proposed document, exhibit, or physical evidence.
An objection to medical bills must be written and specify its grounds.
Court's wording
If applicable, all doctor, medical and hospital bills shall be sent to or made available to all parties not less than 21 days before trial and shall be admitted in evidence as reasonable without further proof, unless written objection to any such bills be made to the Court no less than 14 days before trial specifying the grounds for objection.
Before the commencement of trial, the parties will furnish or advise the court, outside the presence of the jury, the names of all insurance companies involved and any special voir dire questions for the purpose of qualifying the jury.
Unless previously obtained by discovery, each party will furnish to all other parties the names, addresses and qualifications of all expert witnesses expected to testify, together with a brief summary of their opinions.
Unless written objection to the qualifications of an expert is made not later than 30 days before trial, stating grounds, the qualification of such expert will be admitted.
Written objections thereto may be made not less than 14 days before trial specifying grounds of objections.
If the case is to be tried by a jury, requested written charges shall be submitted to the Court not later than the close of the plaintiff's case, subject to supplementation during the course of the trial on matters which could not be reasonably anticipated.
The objections shall include the correct name and entity and/or the grounds relied on.
If motion to strike or motion to dismiss a pleading is filed, the Court will not consider such unless a copy of the pleading sought to be struck or dismissed is attached thereto.
_____ Complaint with following required language: ____ Residence of parties (§30-2-5) ____ Age of parties ____ Number and ages of children ____ Date of marriage ____ Grounds for divorce (§30-2-8)
_____ UCCJEA/Custody Affidavit (§30-3B-209)
____ Agreement is incorporated ____ Commissioner named from the agreement
_____ Commission & Testimony
_____ Child support forms ____ CS41 Plaintiff ____ CS41 Defendant ____ CS42 ____ CS43 ____ CS47 – all cases ____ IWO (§30-3-61)
_____ Agreement (notarized) ____ In compliance of child support guidelines or sufficient reasons for deviation ____ Income Withholding language – “Reference is made…” to issue wage “The Court retains jurisdiction….” Not to issue wage ____ Medical support language (optional) ____ Agreement to incorporate into final decree ____ Commissioner named in agreement
The final decree must address the listed remarriage and appeal periods, court costs, divorce, any applicable relocation language, income withholding and child-support payment arrangements, retained jurisdiction, and denial of unaddressed relief.
Court's wording
Final Decree ____ 60 days before remarriage (§30-2-8, §30-2-10) ____ 42 days for appeal (§30-2-8, §30-2-10) ____ payment of court costs ____ grant of divorce ____ relocation language (if children) ____ IWO language ____ Payment Paragraph for Account Clerks Office (set up child support payments) ____ Court Jurisdiction Paragraph “retain jurisdiction for future orders….” _____ ____ Any relief requested not set out herein is hereby denied
_____ Answer & Waiver
The Motion to Set and Certificate of Readiness must state discovery status, the movant’s understanding that lack of discovery will not reset trial, and the expected trial length.
Court's wording
5. Contents of Certificate of Readiness. The Motion to Set and Certificate of Readiness shall contain the following information: a. An affirmative statement that all discovery is substantially complete or will be completed within 30 days of the Certificate of Readiness. b. An affirmative statement that the movant understands the trial will not be reset due to the lack of discovery. c. The expected length of the trial expressed in hours and/or days.
A Controverting Certificate must identify the challenged statements in the Certificate of Readiness and give the reasons for the objections.
Court's wording
Within 7 days after a Motion to Set and Certificate of Readiness has been filed, any other party may file a Controverting Certificate specifying the statements contained in the Certificate of Readiness to which the objection is made, and the reason(s) therefore.
all attorneys shall notify the Court when a case has settled by immediately filing the signed settlement agreement with the Court
Each party shall keep a current mailing address and e-mail address on file with the Domestic Relations Clerk’s office throughout the pendency of this case.
At least 3 business days prior to the trial (or any pendente lite hearing), all parties shall pre-mark their Court exhibits and upload them to the case file on Alafile under the Exhibits tab.
The Motion to Set and Certificate of Readiness must use a form similar to the clerk's form and include the ten specified case, discovery, trial, party, expert-disclosure, evidence-availability, and compliance statements.
Court's wording
The Motion to Set and Certificate of Readiness will be in a form similar to that available of in the clerk's office and will contain the following information: (1) The date the complaint was filed; (2) That the issues in the case have been defined and joined; (3) That all discovery has been completed or will be completed within 60 days after the filing of the Certificate of Readiness; (4) That a jury trial has or has not been demanded; (5) The expected length of the trial expressed in hours and/or days; (6) A brief description of the plaintiff's claim; (7) The names, addresses and telephone numbers of the parties or their attorneys responsible for their litigation; (8) That the movant certifies that all expert witnesses expected to testify at trial have been disclosed to all parties, together with a summary of their opinions; (9) That the movant acknowledges his/her responsibility to make all documents, exhibits, and physical evidence, or copies thereof, expected to be used in the case in chief available to the other parties, not less than 21 days prior to trial, for inspection and copying; (10) That the movant certifies that he/she has read the pre-trial order, that he/she has complied with it to date and will comply with its requirements in the future.
A Controverting Certificate must identify the specific readiness-certificate statements challenged and the reasons for each objection.
Court's wording
Within 14 days after a Motion to Set and Certificate of Readiness has been filed, counsel for any other party may file a Controverting Certificate specifying the particular statements contained in the Certificate of Readiness to which objection is made, and the reasons therefore.
The bills so admitted shall be presented to the court reporter for marking in evidence prior to trial.
Documents, exhibits or physical evidence so admitted hereunder shall be presented to the court reporter for marking in evidence prior to trial.
If the case is to be tried by a jury, requested written charges shall be submitted to the Court not later than the close of the plaintiff's case, subject to supplementation during the course of the trial on matters which could not be reasonably anticipated.
Unless previously obtained by discovery, each party will furnish to all other parties the names, addresses and qualifications of all expert witnesses expected to testify, together with a brief summary of their opinions.
If motion to strike or motion to dismiss a pleading is filed, the Court will not consider such unless a copy of the pleading sought to be struck or dismissed is attached thereto.
Before the commencement of trial, the parties will furnish or advise the court, outside the presence of the jury, the names of all insurance companies involved and any special voir dire questions for the purpose of qualifying the jury.
Either or both parties shall file a Motion to Set for Trial and Certificate of Readiness (preferably jointly), which shall be filed no later than 270 days after the filing of the Complaint.
The Certificate of Readiness must state the status of discovery, the movant’s understanding that trial will not be reset for lack of discovery, and the expected trial length.
Court's wording
The Motion to Set and Certificate of Readiness shall contain the following information: a. An affirmative statement that all discovery is substantially complete or will be completed within 30 days of the Certificate of Readiness. b. An affirmative statement that the movant understands the trial will not be reset due to the lack of discovery. c. The expected length of the trial expressed in hours and/or days.
To provide other litigants prompt trial settings, all attorneys shall notify the Court when a case has settled by immediately filing the signed settlement
- Document
- Settlement notice
Must include
- •Signed settlement
In an extraordinarily complex case or one involving another exceptional circumstance that makes compliance impossible, the party must immediately file a Motion for a Rule 16 Scheduling Conference.
Court's wording
If it becomes apparent that a case is extraordinarily complex, or some other exceptional circumstance exists that will make it impossible for the parties to comply with the discovery deadline and other time constraints set out herein, the party making that determination shall immediately file a Motion for a Rule 16 Scheduling Conference so the Court can enter a Scheduling Order that excepts the case from the time constraints set out in this Pretrial Order.
The Motion to Set and Certificate of Readiness must include the complaint filing date, status of the issues and discovery, jury-demand status, expected trial length, a brief description of the plaintiff's claim, responsible parties' or attorneys' contact information, expert disclosures and opinion summaries, the required evidence-availability acknowledgment, and the required pretrial-order compliance certification.
Court's wording
The Motion to Set and Certificate of Readiness will be in a form similar to that available in the Clerk's Office and will contain the following information: - (1) The date the complaint was filed; - (2) That the issues in this cause have been defined and joined; - (3) That all discovery has been completed or will be completed 60 days after the filing of the Certificate of Readiness; - (4) That a jury demand has or has not been demanded; - (5) The expected length of the trial expressed in hours and/or days; - (6) A brief description of the plaintiff's claim; - (7) The names, addresses and telephone numbers of the parties or their attorneys responsible for their litigation; - (8) That the movant certifies that all expert witnesses expected to testify at trial have been disclosed to all parties, together with a summary of their opinions; - (9) That the movant acknowledges his/her responsibility to make all documents, exhibits, and physical evidence, or copies thereof, expected to be used in the case in chief available to the other parties, not less than 21 days prior to trial, for inspection and copying; - (10) That the movant certifies that he/she has rad the pre-trial order, and that he/she has complied with it to date and will comply with its requirements in the future.
The objections shall include the correct name and entity and/or grounds relied on.
Written objections thereto may be made not less than 14 days before trial specifying the grounds of objections.
Documents, exhibits or physical evidence so admitted hereunder shall be presented to the court reporter for marking in evidence prior to trial.
Before the commencement of trial, the parties will furnish or advise the Court, outside the presence of the jury, the names of all insurance companies involved and any special voir dire questions for the purpose of qualifying the jury.
unless written objection to any such bill be made to the Court no less than 14 days before trial specifying the grounds for objection.
Unless previously obtained by discovery, each party will furnish to all other parties the names, addresses and qualifications of all expert witnesses expected to testify, together with a brief summary of their opinions.
The bills so admitted shall be presented to the court reporter for marking in evidence prior to trial.
Unless written objection to the qualifications of an expert is made not later than 30 days before trial, stating grounds, the qualification of such experts will be admitted.
Each requested charge will be typed on letter sized paper and identified by the party's last name and shall be numbered.
If motion to strike or dismiss a pleading is filed, the Court will not consider such unless a copy of the pleading sought to be struck or dismissed is attached thereto.
For copies or certified copies of records please complete and submit the form below. Forms Request for Record Search and/or Copies of Court Records
Within 7 days after a Motion to Set and Certificate of Readiness has been filed, any other party may file a Controverting Certificate specifying the statements contained in the Certificate of Readiness to which the objection is made, and the reason(s) therefore.
A Controverting Certificate must identify the particular Certificate of Readiness statements being challenged and state the reason for each objection.
Court's wording
Within 14 days after a Motion to Set and Certificate of Readiness has been filed, counsel for any other party may file a Controverting Certificate specifying the particular statements contained in the Certificate of Readiness to which objection is made, and the reason therefore.
A written objection must specify its grounds concerning the genuineness or relevancy of proposed documents, exhibits, or physical evidence used solely for impeachment.
Court's wording
The same shall then be authenticated and admitted into evidence without further proof, unless written objections to any such documents or exhibits be made to the Court not less than 14 days prior to trial specifying the grounds of objection to the genuineness and relevancy of the proposed documents, exhibits and physical evidence used solely as impeachment evidence.
Filing & Service rules
Electronic Filing Rules
At least 3 business days prior to the trial (or any pendente lite hearing), all parties shall pre-mark their Court exhibits and upload them to the case file on Alafile under the Exhibits tab.
At least 3 business days prior to the trial (or any pendente lite hearing), all parties shall pre-mark their Court exhibits and upload them to the case file on Alafile under the Exhibits tab.
Page 4 | PART 3 – OTHER PRETRIAL & ADMINISTRATIVE ORDERS
Pro se parties must register for Alafile to upload exhibits.
Pro se parties must register for Alafile to upload exhibits to comply with this provision.
Page 5 | PART 3 – OTHER PRETRIAL & ADMINISTRATIVE ORDERS
Filing Timing and Cure Windows
The checklist states a 42-day period for appeal.
____ 42 days for appeal (§30-2-8, §30-2-10)
Civil cases
Page 1 | FILING CHECKLIST ORDER FOR DOMESTIC RELATIONS NO KIDS
Written objections to medical bills must be made to the Court at least 14 days before trial.
If applicable, all doctor, medical and hospital bills shall be sent to or made available to all parties not less than 21 days before trial and shall be admitted in evidence as reasonable without further proof, unless written objection to any such bills be made to the Court no less than 14 days before trial specifying the grounds for objection.
Civil cases
Page 1 | 2. DOCTOR, HOSPITAL AND MEDICAL EXPENSES
Written objections to the genuineness or relevancy of proposed materials must be made to the Court at least 14 days before trial and specify the grounds.
The same shall then be authenticated and admitted into evidence without further proof, unless written objections to any such documents or exhibits be made to the Court not less than 14 days prior to trial specifying the grounds of objection to the genuineness and relevancy of the proposed document, exhibit, or physical evidence.
Civil cases
Page 1 | 1. EXHIBITS, DOCUMENTS, AND PHYSICAL EVIDENCE GENERALLY
In a jury trial, requested written charges are due no later than the close of the plaintiff’s case; supplementation is permitted during trial for matters that could not reasonably have been anticipated.
If the case is to be tried by a jury, requested written charges shall be submitted to the Court not later than the close of the plaintiff's case, subject to supplementation during the course of the trial on matters which could not be reasonably anticipated.
Civil cases
Page 2 | 7. JURY INSTRUCTIONS
Written objections thereto may be made not less than 14 days before trial specifying grounds of objections.
Written objections thereto may be made not less than 14 days before trial specifying grounds of objections.
Civil cases
Page 2 | 3. SPECIAL DAMAGES
Discovery must be completed 30 days before trial.
Discovery shall be completed 30 days prior to the trial date.
Civil cases
Page 2 | 6. DISCOVERY
A written objection to an expert’s qualifications must be made no later than 30 days before trial and state its grounds.
Unless written objection to the qualifications of an expert is made not later than 30 days before trial, stating grounds, the qualification of such expert will be admitted.
Civil cases
Page 2 | 5. EXPERTS
When the specified matters are alleged, a written objection to them must be made at least 14 days before trial unless they are specifically denied by answer.
Agency and the time and place of the incident involved, if alleged in the complaint, and, if a negligence case, the existence of a duty, are admitted and the parties are deemed correctly named and designated unless specifically denied by answer or unless written objection is made not less than 14 days before trial.
Civil cases
Page 2 | 4. AGENCY-TIME AND PLACE-DUTY
The parties must provide the jury-selection information to the Court before trial and outside the jury’s presence.
Before the commencement of trial, the parties will furnish or advise the court, outside the presence of the jury, the names of all insurance companies involved and any special voir dire questions for the purpose of qualifying the jury.
Civil cases
Page 2 | 8. JURY SELECTION
In cases outside the Fasttrack system, all parties must disclose experts at least 60 days before trial.
Disclosure of experts in cases not included in the Fasttrack system shall be made by all parties not less than 60 days before trial.
Civil cases
Page 2 | 5. EXPERTS
The party filing the Motion to Set and Certificate of Readiness must disclose its experts no later than when it files the motion; all parties must disclose no later than 14 days after that filing.
Such disclosure of experts shall be made by the party filing the Motion to Set and Certificate of Readiness not later than the time of filing such motion. Disclosure by all parties shall be made not later than 14 days after the filing of the Motion to Set and Certificate of Readiness.
Civil cases
Page 2 | 5. EXPERTS
A party who determines that extraordinary complexity or another exceptional circumstance makes compliance impossible must immediately file a Motion for a Rule 16 Scheduling Conference.
If it becomes apparent that a case is extraordinarily complex, or some other exceptional circumstance exists that will make it impossible for the parties to comply with the discovery deadline and other time constraints set out herein, the party making that determination shall immediately file a Motion for a Rule 16 Scheduling Conference so the Court can enter a Scheduling Order that excepts the case from the time constraints set out in this Pretrial Order.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
A party may file a Controverting Certificate within 7 days after the Motion to Set and Certificate of Readiness is filed.
Within 7 days after a Motion to Set and Certificate of Readiness has been filed, any other party may file a Controverting Certificate specifying the statements contained in the Certificate of Readiness to which the objection is made, and the reason(s) therefore.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
A request for mediation must be filed within 270 days after the Complaint is filed.
However, any request for mediation must be filed within 270 days of the filing of the Complaint.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
The case will be dismissed without further notice if a compliant Motion to Set and Certificate of Readiness is not received before the disposition date.
If a Motion to Set and Certificate of Readiness (which complies with the following paragraph) is not received prior to the disposition date, the case will be dismissed without further notice.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
If the Motion to Set and Certificate of Readiness is not filed by day 280, the Court will mark the case “To Be Dismissed” and set it on a disposition docket as near as possible to day 300 after the Complaint was filed.
If such motion is not filed by the 280th day, the Court will cause the case to be marked “To Be Dismissed” and set on a disposition docket as near as possible to the 300th day after the filing of the Complaint and send notice to all parties.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
The Court will not consider the Motion for a Rule 16 Scheduling Conference if it is filed more than 270 days after the Complaint.
No such motion filed more than 270 days after the Complaint is filed will be considered by the Court.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
If no Controverting Certificate is filed, the Court will set the case for trial seven days after the Motion to Set is filed.
Seven days after a Motion to Set is filed, if a Controverting Certificate has not been filed, the case will be set for trial, which trial date shall not be reset except for good cause shown.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
The parties must file a Motion to Set for Trial and Certificate of Readiness no later than 270 days after the Complaint is filed.
Either or both parties shall file a Motion to Set for Trial and Certificate of Readiness (preferably jointly), which shall be filed no later than 270 days after the filing of the Complaint.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
all attorneys shall notify the Court when a case has settled by immediately filing the signed settlement agreement with the Court
all attorneys shall notify the Court when a case has settled by immediately filing the signed settlement agreement with the Court
Page 3
Court exhibits must be pre-marked and uploaded at least three business days before trial or a pendente lite hearing.
At least 3 business days prior to the trial (or any pendente lite hearing), all parties shall pre-mark their Court exhibits and upload them to the case file on Alafile under the Exhibits tab.
Page 4 | PART 3 – OTHER PRETRIAL & ADMINISTRATIVE ORDERS
All parties must supplement discovery responses no less than 30 days before trial.
All parties are under a duty to supplement responses to discovery as provided by Rule 26(e)(3) ARCP which shall be done no less than 30 days before trial.
Page 5 | PART 3 – OTHER PRETRIAL & ADMINISTRATIVE ORDERS
Exhibits must be uploaded to Alafile at least 3 business days before trial or hearing to avoid exclusion if the opposing party objects.
uploaded to the Exhibits Module in Alafile 3 business days prior to the trial/hearing will not be allowed into evidence if the opposing party raises an objection to same.
Page 5 | PART 3 – OTHER PRETRIAL & ADMINISTRATIVE ORDERS
Each party must complete the seminar within 60 days of service.
This seminar must be completed by each party within 60 days of service.
Page 6 | PART 4 – ORDERS RELATED TO MINOR CHILDREN
Pretrial discovery is due within 270 days after the complaint is filed, subject to a certified extension of no more than 60 days or additional discovery allowed for good cause or by agreement if it will not require a trial continuance.
Unless the Court sets a shorter time, all pre-trial discovery shall be completed within 270 days after filing of the complaint unless party filing the Motion to Set and Certificate of Readiness requests an additional period of time, not to exceed 60 days, and certifies that all discovery will be concluded within that time. Notwithstanding the foregoing, for good cause shown, the Court may permit, or the parties may agree, that additional discovery procedures be undertaken anytime prior to trial, so long as such discovery can be completed so as not to require a continuance of the trial setting.
Civil cases
Page 1 | DISCOVERY
A qualifying party may move to exclude the case from the system within 40 days after the order, or within 40 days after service if not yet served when the order issued; later motions will not be considered.
If a party to this cause believes that the cause is extremely complex or will involve unique problems and will be impossible to prepare for trial within the time frame of the system, he may, within 40 days after the date of this order, or if the party has not been served at the date of this order, within 40 days after service, file a motion requesting that the cause not be included in the system and that the parties be allowed additional time to prepare the cause for trial. A motion filed later than the aforesaid 40 days will not be considered by the Court.
Civil cases
Page 1 | OBJECTION TO INCLUSION IN SYSTEM
Plaintiff's counsel must file a Motion to Set and Certificate of Readiness by day 270; if none is filed by day 280, the case is placed on a disposition docket near day 300, and it will be dismissed if the motion is not received before the disposition date.
Counsel for the plaintiff shall, and counsel for any other party may, file a Motion to Set and Certificate of Readiness, which shall be filed not later than 270 days after the filing of the complaint. If such a motion is not filed by the 280th day, the Court will place the case marked "To Be Dismissed" on a disposition docket as near as possible to the 300th day and send notice of such to all parties. If a Motion to Set and Certificate of Readiness is not received by the Court prior to the disposition date, the case will be dismissed.
Civil cases
Page 1 | MOTION TO SET AND CERTIFICATE OF READINESS
Counsel must receive at least 60 days' notice of the trial date.
Counsel shall be given at least sixty days notice of the trial date.
Civil cases
Page 2 | SETTING FOR TRIAL
A written objection to the specified allegations or party names must be made at least 14 days before trial and include the correct name and entity or the grounds relied on.
Agency and the time and place of the incident involved, if alleged in the complaint, and, if a negligence case, the existence of a duty, are admitted and the parties are deemed correctly named and designated unless specifically denied by answer or unless written objection is made not less than 14 days before trial. The objections shall include the correct name and entity and/or the grounds relied on.
Civil cases
Page 3 | AGENCY-TIME AND PLACE-DUTY
Written objections to applicable doctor, medical, or hospital bills must be made to the Court at least 14 days before trial and specify the grounds.
If applicable, all doctor, medical and hospital bills shall be sent to or made available to all parties not less than 21 days before trial and shall be admitted in evidence as reasonable without further proof, unless written objection to any such bills be made to the Court no less than 14 days before trial specifying the grounds for objection.
Civil cases
Page 3 | DOCTOR, HOSPITAL AND MEDICAL RECORDS
Written objections to the genuineness or relevancy of proposed documents, exhibits, or physical evidence must be made to the Court at least 14 days before trial and specify the grounds.
The same shall then be authenticated and admitted into evidence without further proof, unless written objections to any such documents or exhibits be made to the Court not less than 14 days prior to trial specifying the grounds of objection to the genuineness and relevancy of the proposed document, exhibit, or physical evidence.
Civil cases
Page 3 | EXHIBITS, DOCUMENTS, AND PHYSICAL EVIDENCE, GENERALLY
The party filing the Motion to Set and Certificate of Readiness must disclose its experts no later than when it files the motion, and all parties must disclose experts no later than 14 days after that filing.
Such disclosure of experts shall be made by the party filing the Motion to Set and Certificate of Readiness not later than the time of filing such motion. Disclosure by all parties shall be made not later than 14 days after the filing of the Motion to Set and Certificate of Readiness.
Civil cases
Page 4 | EXPERTS
A written objection to an expert’s qualifications must be made no later than 30 days before trial and state its grounds.
Unless written objection to the qualifications of an expert is made not later than 30 days before trial, stating grounds, the qualification of such experts will be admitted.
Civil cases
Page 4 | EXPERTS
In cases outside the Fasttrack system, all parties must disclose experts at least 60 days before trial.
Disclosure of experts in cases not included in the Fasttrack system shall be made by all parties not less than 60 days before trial.
Civil cases
Page 4 | EXPERTS
The Motion to Set for Trial and Certificate of Readiness must be filed no later than 270 days after the Complaint is filed.
Either or both parties shall file a Motion to Set for Trial and Certificate of Readiness (preferably jointly), which shall be filed no later than 270 days after the filing of the Complaint.
Civil cases
Page 1 | Motion to Set and Certificate of Readiness
If the motion is not filed by the 280th day, the case will be marked for dismissal and placed on a disposition docket near the 300th day.
If such motion is not filed by the 280th day, the Court will cause the case to be marked “To Be Dismissed” and set on a disposition docket as near as possible to the 300th day after the filing of the Complaint and send notice to all parties.
Civil cases
Page 1 | Motion to Set and Certificate of Readiness
A compliant Motion to Set and Certificate of Readiness must be received before the disposition date or the case will be dismissed without further notice.
If a Motion to Set and Certificate of Readiness (which complies with the following paragraph) is not received prior to the disposition date, the case will be dismissed without further notice.
Civil cases
Page 2 | Motion to Set and Certificate of Readiness
A request for mediation must be filed within 270 days after the Complaint is filed.
However, any request for mediation must be filed within 270 days of the filing of the Complaint.
Civil cases
Page 2 | Mediation
To provide other litigants prompt trial settings, all attorneys shall notify the Court when a case has settled by immediately filing the signed settlement
To provide other litigants prompt trial settings, all attorneys shall notify the Court when a case has settled by immediately filing the signed settlement
Civil cases
Page 2 | Notification of Settlement
The required Motion for a Rule 16 Scheduling Conference must be filed immediately once the party determines that an exceptional circumstance makes compliance impossible.
If it becomes apparent that a case is extraordinarily complex, or some other exceptional circumstance exists that will make it impossible for the parties to comply with the discovery deadline and other time constraints set out herein, the party making that determination shall immediately file a Motion for a Rule 16 Scheduling Conference so the Court can enter a Scheduling Order that excepts the case from the time constraints set out in this Pretrial Order.
Civil cases
Page 2 | Extraordinarily complex cases
The Court will not consider the scheduling-conference motion if it is filed more than 270 days after the Complaint.
No such motion filed more than 270 days after the Complaint is filed will be considered by the Court.
Civil cases
Page 2 | Extraordinarily complex cases
The Motion to Set and Certificate of Readiness must be received by the Court before the disposition date or the case will be dismissed.
If a Motion to Set and Certificate of Readiness is not received by the Court prior to the disposition date, the case will be dismissed.
Civil cases
Page 1 | MOTION TO SET AND CERTIFICATE OF READINESS
If the Motion to Set and Certificate of Readiness has not been filed by the 280th day, the Court will place the case on a disposition docket as near as possible to the 300th day, mark it "To Be Dismissed," and notify all parties.
If such motion is not filed by the 280th day, the Court will place the case marked "To Be Dismissed", on a disposition docket as near as possible to the 300th day and send notice of such to all parties.
Civil cases
Page 1 | MOTION TO SET AND CERTIFICATE OF READINESS
Plaintiff's counsel must file a Motion to Set and Certificate of Readiness no later than 270 days after the complaint is filed; other parties' counsel may file one.
Counsel for the plaintiff shall, and counsel for any other party may, file a Motion to Set and Certificate of Readiness, which shall be filed not later than 270 days after the filing of the complaint.
Civil cases
Page 1 | MOTION TO SET AND CERTIFICATE OF READINESS
A motion to exclude the case from the expedited system must be filed within 40 days after the order, or within 40 days after service if the party had not been served when the order was issued; later motions will not be considered.
If a party to this cause believes that the cause is extremely complex or will involve unique problems and will be impossible to prepare for trial within the time frame of the system, he may, within 40 days after the date of this order, or if the party has not been served at the date of this order, within 40 days after service, file a motion requesting that the cause not be included in the system and that the parties be allowed additional time to prepare the cause for trial. A motion filed later than the aforesaid 40 days will not be considered by the Court, a discovery schedule will be set by the Court after conference with the parties.
Civil cases
Page 1 | OBJECTION TO INCLUSION IN SYSTEM
Unless the Court sets a shorter period, pretrial discovery must be completed within 270 days after the complaint is filed.
Unless the Court sets a shorter time, all pre-trial discovery shall be completed within 270 days after filing of the complaint unless party filing Motion to Set and Certificate of Readiness requests additional period of time, not to exceed 60 days, and certifies that all discovery will be concluded within that time.
Civil cases
Page 1 | DISCOVERY
Written objections to the genuineness or relevancy of proposed documents, exhibits, or physical evidence used solely for impeachment must be made to the Court at least 14 days before trial and specify the grounds.
The same shall then be authenticated and admitted into evidence without further proof, unless written objections to any such documents or exhibits be made to the Court not less than 14 days prior to trial specifying the grounds of objection to the genuineness and relevancy of the proposed documents, exhibits and physical evidence used solely as impeachment evidence.
Civil cases
Page 2 | 1. EXHIBITS, DOCUMENTS AND PHYSICAL EVIDENCE
Counsel must receive at least 60 days' notice of the trial date.
Counsel shall be given at least sixty days notice of the trial date.
Civil cases
Page 2 | SETTING FOR TRIAL
Specified allegations and party designations are admitted unless denied in the answer or challenged by written objection at least 14 days before trial.
Agency and the time and place of the incident involved, if alleged in the complaint, and, if a negligence case, the existence of a duty, are admitted and the parties are deemed correctly named and designated unless specifically denied by answer or unless written objection is made not less than 14 days before trial.
Civil cases
Page 3 | 4. AGENCY-TIME AND PLACE-DUTY
Disclosure by all parties shall be made not later than 14 days after the filing of the Motion to Set and Certificate of Readiness.
Disclosure by all parties shall be made not later than 14 days after the filing of the Motion to Set and Certificate of Readiness.
Civil cases
Page 3 | 5. EXPERTS
In a jury trial, requested written charges must be submitted to the Court at the time stated in the Order, subject to supplementation during trial for matters that could not reasonably have been anticipated.
If a case is to be tried by a jury, requested written charges shall be submitted to the Court not less than the close of the plaintiff's case, subject to supplementation during the course of the trial on matters which could not be reasonably anticipated.
Civil cases
Page 3 | 6. JURY INSTRUCTIONS
An objection to an expert’s qualifications must be made in writing, state its grounds, and be made no later than 30 days before trial; otherwise, the qualifications will be admitted.
Unless written objection to the qualifications of an expert is made not later than 30 days before trial, stating grounds, the qualification of such experts will be admitted.
Civil cases
Page 3 | 5. EXPERTS
A written objection to a medical bill must be made to the Court at least 14 days before trial and specify the grounds.
unless written objection to any such bill be made to the Court no less than 14 days before trial specifying the grounds for objection.
Civil cases
Page 3 | 2. DOCTOR, HOSPITAL AND MEDICAL RECORDS
The party filing the Motion to Set and Certificate of Readiness must disclose its experts no later than when it files that motion.
Such disclosure of experts shall be made by the party filing the Motion to Set and Certificate of Readiness not later than the time of filing of such motion.
Civil cases
Page 3 | 5. EXPERTS
Written objections thereto may be made not less than 14 days before trial specifying the grounds of objections.
Written objections thereto may be made not less than 14 days before trial specifying the grounds of objections.
Civil cases
Page 3 | 3. DAMAGES
In cases outside the Fasttrack system, all parties must disclose experts at least 60 days before trial.
Disclosure of experts in cases not included in the Fasttrack system shall be made by all parties not less than 60 days before trial.
Civil cases
Page 3 | 5. EXPERTS
All parties are under duty to supplement responses to discovery as provided by Rule 26(e)(3) ARCP which should be done not less than 30 days before trial.
All parties are under duty to supplement responses to discovery as provided by Rule 26(e)(3) ARCP which should be done not less than 30 days before trial.
Civil cases
Page 4 | 8. DUTY TO SUPPLEMENT DISCOVERY
The expedited case management system is designed to dispose of a case within 12 months after filing.
This case has been placed on the Expedited Case Management System which is designed to dispose of a case within 12 months after filing.
Civil cases
Page 1 | ASSIGNMENT TO EXPEDITED CASE MANAGEMENT SYSTEM AND GENERAL PRE-TRIAL ORDER
Other parties' counsel may file a Controverting Certificate within 14 days after the readiness motion is filed.
Within 14 days after a Motion to Set and Certificate of Readiness has been filed, counsel for any other party may file a Controverting Certificate specifying the particular statements contained in the Certificate of Readiness to which objection is made, and the reasons therefore.
Civil cases
Page 2 | CONTROVERTING CERTIFICATE
Unless the Court orders otherwise, a case without a filed Controverting Certificate must be placed on the Active Calendar 14 days after the readiness motion is filed.
Fourteen days after a Motion to Set and Certificate of Readiness is filed, if a Controverting Certificate has not been filed, the case shall be placed on the Active Calendar, unless otherwise ordered by the Court.
Civil cases
Page 2 | ACTIVE CALENDAR
Service and Proof of Service Rules
If applicable, medical bills must be sent or made available to all parties at least 21 days before trial; objections must be made to the Court at least 14 days before trial and state their grounds.
If applicable, all doctor, medical and hospital bills shall be sent to or made available to all parties not less than 21 days before trial and shall be admitted in evidence as reasonable without further proof, unless written objection to any such bills be made to the Court no less than 14 days before trial specifying the grounds for objection.
Civil cases
Page 1 | 2. DOCTOR, HOSPITAL AND MEDICAL EXPENSES
Each party must identify and make available its expected case-in-chief documents, exhibits, and physical evidence to all other parties at least 21 days before trial.
Each party shall identify in writing to all other parties and shall make all documents, exhibits and physical evidence, or copies thereof, expected to be used in the case in chief available to the other parties, not less than 21 days prior to trial,
Civil cases
Page 1 | 1. EXHIBITS, DOCUMENTS, AND PHYSICAL EVIDENCE GENERALLY
Unless already obtained through discovery, each party must furnish all other parties the expected experts’ names, addresses, qualifications, and a brief summary of their opinions.
Unless previously obtained by discovery, each party will furnish to all other parties the names, addresses and qualifications of all expert witnesses expected to testify, together with a brief summary of their opinions.
Civil cases
Page 2 | 5. EXPERTS
A party seeking special damages must furnish the other parties a list of those damages at least 21 days before trial.
All parties seeking special damages shall furnish the other parties with a list thereof not less than 21 days before trial.
Civil cases
Page 2 | 3. SPECIAL DAMAGES
Each party must identify and make its expected case-in-chief documents, exhibits, and physical evidence available to the other parties for inspection and copying at least 21 days before trial.
Each party shall identify in writing to all other parties and shall make all documents, exhibits and physical evidence, or copies thereof, expected to be used in the case in chief available to the other parties, not less than 21 says prior to trial, for inspection and copying.
Civil cases
Page 3 | EXHIBITS, DOCUMENTS, AND PHYSICAL EVIDENCE, GENERALLY
If applicable, doctor, medical, and hospital bills must be sent or made available to all parties at least 21 days before trial; written objections specifying their grounds must be made to the Court at least 14 days before trial.
If applicable, all doctor, medical and hospital bills shall be sent to or made available to all parties not less than 21 days before trial and shall be admitted in evidence as reasonable without further proof, unless written objection to any such bills be made to the Court no less than 14 days before trial specifying the grounds for objection.
Civil cases
Page 3 | DOCTOR, HOSPITAL AND MEDICAL RECORDS
A party seeking special damages must furnish the other parties a list of those damages at least 21 days before trial.
All parties seeking special damages shall furnish the other parties with a list thereof not less than 21 days before trial.
Civil cases
Page 3 | DAMAGES
Each party must identify in writing and make available to the other parties all case-in-chief documents, exhibits, and physical evidence, or copies, at least 21 days before trial for inspection and copying.
Each party shall identify in writing to all other parties and shall make all documents, exhibits and physical evidence, or copies thereof, expected to be used in this case in chief available to the other parties, not less than 21 days prior to trial, for inspection and copying.
Civil cases
Page 2 | 1. EXHIBITS, DOCUMENTS AND PHYSICAL EVIDENCE
A party seeking special damages must furnish the other parties with a list at least 21 days before trial.
All parties seeking special damages shall furnish the other parties with a list thereof not less than 21 days prior to trial.
Civil cases
Page 3 | 3. DAMAGES
A medical bill not timely exhibited to the other parties will be excluded at trial unless the ends of justice require otherwise.
Any such bill not timely exhibited to other parties will not be admitted at trial unless the ends of justice so require.
Civil cases
Page 3 | 2. DOCTOR, HOSPITAL AND MEDICAL RECORDS
Evidence of claimed special damages not timely exhibited to the other parties will be excluded unless the ends of justice require otherwise.
Evidence of special damages claimed, but not time exhibited to other parties, will not be admitted into evidence unless the ends of justice so require.
Civil cases
Page 3 | 3. DAMAGES
Documents, exhibits, and physical evidence must be exhibited or made available to the other parties before trial or they will be excluded, subject to stated exceptions.
Documents, exhibits or physical evidence not timely exhibited to or made available to other parties prior to trial under this Order will not be admitted into evidence at trial unless solely for impeachment purposes or unless the ends of justice so require.
Civil cases
Page 3 | 1. EXHIBITS, DOCUMENTS AND PHYSICAL EVIDENCE
If applicable, doctor, medical, and hospital bills must be sent or made available to all parties at least 21 days before trial.
If applicable, all doctor, medical and hospital bills shall be sent or made available to all parties not less than 21 days prior to trial
Civil cases
Page 3 | 2. DOCTOR, HOSPITAL AND MEDICAL RECORDS
The pretrial identification and availability requirement does not apply to materials used solely for impeachment.
The requirement does not apply to documents, exhibits and physical evidence used solely as impeachment evidence.
Civil cases
Page 1 | 1. EXHIBITS, DOCUMENTS, AND PHYSICAL EVIDENCE GENERALLY
Filing Fees and Waivers
The fee for a Term. Wage is $28.00.
Term. Wage $28.00
Page 1 | Fee Description — Filing Fee
A Sub. Wage costs $10.00, with an additional fee listed in the certified mail chart.
Sub. Wage (any physical address in Alabama, P.O. Box or out of State; additional fee, see certified mail chart) $10.00
Page 1 | Fee Description — Filing Fee
E-certified restricted-delivery return-receipt postage for the third ounce costs $17.84.
E-Certified r/r, 3rd ounce Restricted Delivery $17.84
Page 1 | Description / Cost
E-certified return-receipt postage for the third ounce costs $9.44.
E-Certified r/r, 3rd ounce $9.44
Page 1 | Description / Cost
The fee for post motions (cross claim) is $311.00.
Post Motions (Cross Claim) $311.00
Page 1 | Fee Description — Filing Fee
Certified restricted-delivery return-receipt postage for the first ounce costs $18.84.
Certified r/r Restricted Delivery, 1st ounce $18.84
Page 1 | Description / Cost
The fee for executions is $30.00.
Executions $30.00
Page 1 | Fee Description — Filing Fee
The filing fee for a new divorce is $208.00.
New Divorce $208.00
Page 1 | Fee Description — Filing Fee
The appeal fee is $200.00 and is payable to the Court of Civil Appeals.
Appeals (Pay to Court of Civil Appeals) $200.00
Page 1 | Fee Description — Filing Fee
Certified restricted-delivery return-receipt postage for the third ounce costs $19.42.
Certified r/r Restricted Delivery, 3rd ounce $19.42
Page 1 | Description / Cost
The fee for a new wage is $28.00.
New Wage $28.00
Page 1 | Fee Description — Filing Fee
Certified return-receipt postage for the second ounce costs $10.73.
Certified return receipt, 2nd ounce $10.73
Page 1 | Description / Cost
First-class postage for the second ounce costs $1.03.
1st class, 2nd ounce $1.03
Page 1 | Description / Cost
First-class postage for the first ounce costs $0.74.
1st class, 1st ounce $0.74
Page 1 | Description / Cost
E-certified return-receipt postage for the second ounce costs $9.15.
E-Certified r/r, 2nd ounce $9.15
Page 1 | Description / Cost
Each subpoena costs $12.00.
Subpoenas $12.00 each
Page 1 | Fee Description — Filing Fee
E-certified restricted-delivery return-receipt postage for the second ounce costs $17.55.
E-Certified r/r, 2nd ounce Restricted Delivery $17.55
Page 1 | Description / Cost
Certified restricted-delivery return-receipt postage for the second ounce costs $19.13.
Certified r/r Restricted Delivery, 2nd ounce $19.13
Page 1 | Description / Cost
E-certified return-receipt postage for the first ounce costs $8.86.
E-Certified r/r, 1st ounce $8.86
Page 1 | Description / Cost
The fee for garnishments is $30.00.
Garnishments $30.00
Page 1 | Fee Description — Filing Fee
E-certified restricted-delivery return-receipt postage for the first ounce costs $17.26.
E-Certified r/r, 1st ounce Restricted Delivery $17.26
Page 1 | Description / Cost
Certified return-receipt postage for the first ounce costs $10.44.
Certified return receipt, 1st ounce $10.44
Page 1 | Description / Cost
The fee for default judgments is $50.00.
Default Judgments $50.00
Page 1 | Fee Description — Filing Fee
First-class postage for the third ounce costs $1.32.
1st class, 3rd ounce $1.32
Page 1 | Description / Cost
Certified return-receipt postage for the third ounce costs $11.02.
Certified return receipt, 3rd ounce $11.02
Page 1 | Description / Cost
Applications for default and the listed motions incur a $50 fee.
Applications for Default, Motions for Default, Motions for Judgment on the Pleadings & Motions for Summary Judgment $50.00
Page 1 | Circuit Civil Division Filing Fees
Worker’s Compensation (any action other than a workers comp should be filed as a separate lawsuit, with a separate case number) $208.00 ($163.00 + $45.00)
Worker’s Compensation (any action other than a workers comp should be filed as a separate lawsuit, with a separate case number) $208.00 ($163.00 + $45.00)
Page 1 | Circuit Civil Division Filing Fees
Counterclaims, cross-claims, the listed third-party and intervention filings, and declaratory judgments incur a $297 fee plus any service fees.
Counter-Claims, Cross-Claims, Third-Party Motions, Third-Party Complaints, Motions for Intervention, Complaints in Intervention and Declaratory Judgments $297.00 **plus any service fees
Page 1 | Circuit Civil Division Filing Fees
Each subpoena incurs a $12 fee.
Subpoenas $12.00 each
Page 1 | Circuit Civil Division Filing Fees
The filing fee for one-plaintiff civil suits exceeding $50,000 is $360, and this fee range also applies to the specified tort and collection/account cases.
Civil suits exceeding $50,000.00 (exclusive of interest & costs, but including attorney’s fees if allowed by law or contract) With (1) plaintiff: $360.00 ($315.00 + $45.00) This fee range will apply to all torts in which the complaint requests unspecified damages or requests PUNITIVE DAMAGES. This rate will also apply to all collection/account cases in which the amount exceeds $50,000.00
Page 1 | Circuit Civil Division Filing Fees
Each additional defendant incurs a $10 fee.
Additional Defendants $10.00 each
Page 1 | Circuit Civil Division Filing Fees
Attachments, garnishments, and executions incur a $30 fee.
Attachments, Garnishments and Executions $30.00
Page 1 | Circuit Civil Division Filing Fees
Each additional plaintiff in a civil suit in the up-to-$50,000 range incurs a $100 fee, except when the second plaintiff’s only claim is loss of consortium.
Civil suits up to $50,000.00 (exclusive of interest & costs, but including attorney’s fees if allowed by law or contract) With (1) plaintiff: $260.00 ($215.00 + $45.00) Each additional plaintiff: $100.00 (pursuant to Clarification Act No. 2004-636, this fee does not apply if 2nd plaintiff’s only claim is loss of consortium)
Page 1 | Circuit Civil Division Filing Fees
Each additional plaintiff in a civil suit exceeding $50,000 incurs a $100 fee, except when the second plaintiff’s only claim is loss of consortium.
Civil suits exceeding $50,000.00 (exclusive of interest & costs, but including attorney’s fees if allowed by law or contract) With (1) plaintiff: $360.00 ($315.00 + $45.00) Each additional plaintiff $100.00 (pursuant to Clarification Act No. 2004-636, this fee does not apply if 2nd plaintiff’s only claim is loss of consortium)
Page 1 | Circuit Civil Division Filing Fees
The filing fee for a civil suit in the up-to-$50,000 range, including the specified equitable and real-property cases, is $260 for one plaintiff.
Civil suits up to $50,000.00 (exclusive of interest & costs, but including attorney’s fees if allowed by law or contract) Declaratory Judgments, Injunctions, Complaints for Equitable Relief, and Real property cases, although not seeking specific sums will fall into this fee range. With (1) plaintiff: $260.00 ($215.00 + $45.00)
Page 1 | Circuit Civil Division Filing Fees
A jury demand incurs a $100 fee.
Jury Demand $100.00
Page 1 | Circuit Civil Division Filing Fees
The Rule 32 fee is $260.00.
Rule 32 fee: $260.00
Criminal cases
Page 1 | Filing Fees
The fee for a Writ of Certiorari is $260.00.
Writ of Certiorari fee: $260.00
Criminal cases
Page 1 | Filing Fees
The $200.00 appeal filing fee is payable directly to the State of Alabama and must be mailed directly to Montgomery.
Filing Fee for an Appeal to the Criminal Court of Appeals is $200.00. This fee is made payable directly to the State of Alabama and mail directly to Montgomery.
Criminal cases
Page 1 | Filing Fees
The payment window hours are 8:00 a.m. to 4:30 p.m.
Payment Window Hours - 8:00am to 4:30 pm
Page 1 | Fee Description
E-certified mail with return receipt and restricted delivery costs $17.55 for the second ounce.
E-Certified r/r, 2nd ounce Restricted Delivery $17.55
Page 1 | Mailing and Certified Mail Costs
First-class mailing costs $0.74 for the first ounce.
1st class, 1st ounce $0.74
Page 1 | Mailing and Certified Mail Costs
Certified mail with return receipt costs $10.73 for the second ounce.
Certified return receipt, 2nd ounce $10.73
Page 1 | Mailing and Certified Mail Costs
E-certified mail with return receipt costs $9.15 for the second ounce.
E-Certified r/r, 2nd ounce $9.15
Page 1 | Mailing and Certified Mail Costs
Certified mail with return receipt and restricted delivery costs $19.42 for the third ounce.
Certified r/r Restricted Delivery, 3rd ounce $19.42
Page 1 | Mailing and Certified Mail Costs
E-certified mail with return receipt and restricted delivery costs $17.84 for the third ounce.
E-Certified r/r, 3rd ounce Restricted Delivery $17.84
Page 1 | Mailing and Certified Mail Costs
Certified mail with return receipt and restricted delivery costs $19.13 for the second ounce.
Certified r/r Restricted Delivery, 2nd ounce $19.13
Page 1 | Mailing and Certified Mail Costs
First-class mailing costs $1.03 for the second ounce.
1st class, 2nd ounce $1.03
Page 1 | Mailing and Certified Mail Costs
Certified mail with return receipt and restricted delivery costs $18.84 for the first ounce.
Certified r/r Restricted Delivery, 1st ounce $18.84
Page 1 | Mailing and Certified Mail Costs
E-certified mail with return receipt costs $8.86 for the first ounce.
E-Certified r/r, 1st ounce $8.86
Page 1 | Mailing and Certified Mail Costs
Certified mail with return receipt costs $10.44 for the first ounce.
Certified return receipt, 1st ounce $10.44
Page 1 | Mailing and Certified Mail Costs
First-class mailing costs $1.32 for the third ounce.
1st class, 3rd ounce $1.32
Page 1 | Mailing and Certified Mail Costs
E-certified mail with return receipt costs $9.44 for the third ounce.
E-Certified r/r, 3rd ounce $9.44
Page 1 | Mailing and Certified Mail Costs
The certified-mail service cost for additional defendants is set by the certified-mail chart.
Additional Defendants - Service by Certified Mail Refer to Certified Mail chart below
Page 1 | Circuit Civil Division Filing Fees
Certified mail with return receipt costs $11.02 for the third ounce.
Certified return receipt, 3rd ounce $11.02
Page 1 | Mailing and Certified Mail Costs
E-certified mail with return receipt and restricted delivery costs $17.26 for the first ounce.
E-Certified r/r, 1st ounce Restricted Delivery $17.26
Page 1 | Mailing and Certified Mail Costs
Payments may be made by cash, cashier’s check, money order, or credit card; credit cards are accepted only at the Criminal Division Payment Window, personal checks are not accepted, and correct change is requested.
Cash, Cashier’s Check, Money Order, or Credit Card (Visa, Mastercard, or Discover). Credit Card payments are only taken at the Circuit Court Criminal Division Payment Window. No Personal Checks. Payment Window hours are 8:00 a.m. to 4:30 p.m. daily. Please have correct change.
Criminal cases
Page 1 | Methods of Payment
Pre-Motion Conference Requirements
Counsel must confer and attempt to resolve or narrow a discovery dispute before its scheduled hearing.
Counsel shall confer before a scheduled hearing on any discovery dispute and attempt to resolve or narrow the issues.
Page 1 | PART 1 – CASE MANAGEMENT ORDERS
Counsel must confer and attempt to resolve or narrow discovery disputes before a scheduled hearing.
Counsel shall confer before a scheduled hearing on any discovery dispute and attempt to resolve or narrow the issues.
Civil cases
Page 1 | Compliance with discovery
Adjournment & Extension Requirements
A trial date may not be reset unless good cause is shown.
Seven days after a Motion to Set is filed, if a Controverting Certificate has not been filed, the case will be set for trial, which trial date shall not be reset except for good cause shown.
Page 2 | PART 1 – CASE MANAGEMENT ORDERS
A trial postponement will be considered only upon a written motion substantially in the Court-approved form; the Request for Delay form may be obtained from the Court.
When a case has been set for trial, no postponement of the trial will be considered by the Court except on a written motion substantially in the form previously approved by the Court. (Obtain from the Court a Request for Delay form.)
Civil cases
Page 2 | DELAY
A trial date may be reset only for good cause shown.
Seven days after a Motion to Set is filed, if a Controverting Certificate has not been filed, the case will be set for trial, which trial date shall not be reset except for good cause shown.
Civil cases
Page 2 | Trial setting
When extraordinary complexity or another exceptional circumstance makes compliance with the deadlines impossible, the party must seek an exception by filing a Motion for a Rule 16 Scheduling Conference.
If it becomes apparent that a case is extraordinarily complex, or some other exceptional circumstance exists that will make it impossible for the parties to comply with the discovery deadline and other time constraints set out herein, the party making that determination shall immediately file a Motion for a Rule 16 Scheduling Conference so the Court can enter a Scheduling Order that excepts the case from the time constraints set out in this Pretrial Order.
Civil cases
Page 2 | Extraordinarily complex cases
After a case is set for trial, a postponement will be considered only on a written motion substantially in the Court-approved form; the Request for Delay form is obtained from the Court.
When a case has been set for trial, no postponement of the trial will be considered by the Court except on a written motion substantially in the form previously approved by the Court. (Obtain from the Court a Request for Delay form)
Civil cases
Page 2 | DELAY
The Court may allow discovery during the 30-day pretrial period on written motion showing good cause.
On written motion for good cause shown, the court may allow discovery within this 30-day period.
Civil cases
Page 2 | 6. DISCOVERY
A party filing the Motion to Set and Certificate of Readiness may request up to 60 additional days for discovery and must certify discovery will be completed within that time; for good cause, the Court may permit or the parties may agree to further discovery before trial if it will not require a trial continuance.
Unless the Court sets a shorter time, all pre-trial discovery shall be completed within 270 days after filing of the complaint unless party filing Motion to Set and Certificate of Readiness requests additional period of time, not to exceed 60 days, and certifies that all discovery will be concluded within that time. Notwithstanding the foregoing, for good cause shown, the Court may permit, or parties may agree, that additional discovery procedures be undertaken anytime prior to trial, so long as such discovery can be completed so as not to require a continuance of the trial setting.
Civil cases
Page 1 | DISCOVERY
Chambers Communication Rules
After filing the settlement agreement, attorneys must notify the Clerk’s office that it has been filed.
and notifying the Clerk’s office that same has been filed so the documents may be processed and sent to the Judge for review.
Page 3
Parties must not contact the Judge or court staff outside of Court, including by mail, social media, email, or fax.
The Judge is ethically prohibited from communicating with parties outside of Court. Do not attempt to contact the Judge or his staff in any way through mail, social media, e-mail and/or fax.
Page 4 | PART 3 – OTHER PRETRIAL & ADMINISTRATIVE ORDERS
Attorneys must notify the Court of settlement regardless of the case’s status or stage.
In order to provide other litigants with prompt trial settings all attorneys shall notify the Court of settlement, regardless of to status or state of the case (discovery stage, active calendar or trial calendar).
Civil cases
Page 3 | NOTIFICATION OF SETTLEMENT
The Clerk’s office must be notified that the agreement has been filed so the documents can be processed and sent to the Judge for review.
agreement with the Court, and notifying the Clerk’s office that same has been filed so the documents may be processed and sent to the Judge for review.
Civil cases
Page 3 | Post Judgment Pretrial Order
All attorneys must notify the Court of a settlement, regardless of the case's procedural stage.
In order to provide other litigants with prompt trial settings all attorneys shall notify the Court of settlement, regardless of the status or state of the case (discovery stage, active calendar or trial calendar)
Civil cases
Page 2 | NOTIFICATION OF SETTLEMENT
If you are unsure how to calculate costs, call the Clerk’s Office at (251) 574-8420 for assistance.
** If you are unsure of how to calculate your costs, please call the Clerk’s Office at (251) 574-8420. We will be more than glad to assist you in this matter **
Page 1 | Circuit Civil Division Filing Fees
Call the listed telephone number with questions.
Please call (251) 574-8430 for all questions.
Criminal cases
Page 1
Parties may send their current contact information to Deputy Clerk Tachonda Smith at the listed address.
Such may be sent to: Tachonda Smith, Deputy Clerk, 205 Government Street, Room C 909, Mobile, Alabama 36644.
Page 4 | PART 3 – OTHER PRETRIAL & ADMINISTRATIVE ORDERS