13th Judicial Circuit Court, Mobile County, Alabama Document Filing Requirements

CRITICALCivil cases

Applies to

Written objection

An objection must identify the correct name and entity and/or state the grounds relied on.

The objections shall include the correct name and entity and/or grounds relied on.

CRITICALCivil cases

Applies to

Written objection

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.

CRITICALCivil cases

Applies to

Motion

A motion to strike or dismiss a pleading must attach a copy of the pleading it seeks to strike or dismiss, or the Court will not consider the motion.

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.

CRITICALCivil cases

Applies to

Complaint

The complaint must include the parties’ residences and ages, the number and ages of their children, the marriage date, and the grounds for divorce.

_____ 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)

CRITICALCivil cases

Applies to

Final decree

_____ 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)

_____ 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)

CRITICALCivil cases

Admitted documents, exhibits, and physical evidence must be presented to the court reporter for marking before trial.

Documents, exhibits or physical evidence so admitted hereunder shall be presented to the court reporter for marking in evidence prior to trial.

CRITICAL

Applies to

Motion to set and certificate of readiness

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.

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.

CRITICALCivil cases

Applies to

Motion to set and certificate of readiness

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.

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.

CRITICALCivil cases

Applies to

Jury selection information

Before trial and outside the jury’s presence, the parties must furnish or advise the Court of the involved insurance companies’ names and any special voir dire questions.

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.

CRITICALCivil cases

Applies to

Jury instructions

In a jury trial, requested written charges must be submitted to the Court no later than the close of the plaintiff’s case, subject to supplementation for matters that could not reasonably be 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.

CRITICALCivil cases

Before trial and outside the jury’s presence, the parties must give the Court the names of all involved insurance companies and any special voir dire questions.

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.

CRITICALCivil cases

Applies to

Medical bills

Medical bills admitted under this provision must be presented to the court reporter for marking before trial.

The bills so admitted shall be presented to the court reporter for marking in evidence prior to trial.

CRITICALCivil cases

Applies to

Uccjea custody affidavit

The filing checklist requires a UCCJEA/Custody Affidavit.

_____ UCCJEA/Custody Affidavit (§30-3B-209)

CRITICAL

Applies to

Forms requiring notarization

Use the General Notary Acknowledgment with forms that require notarization.

General Notary Acknowledgment (MUST BE USED WITH FORMS THAT REQUIRE NOTARIZATION)

CRITICALCivil cases

Applies to

Written objection

A written objection to a medical bill must specify the grounds for objection.

unless written objection to any such bill be made to the Court no less than 14 days before trial specifying the grounds for objection.

CRITICALCivil cases

Applies to

Certificate of readiness

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.

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.

CRITICALCivil cases

Applies to

Expert disclosure

An expert disclosure must provide each expected expert’s name, address, qualifications, and a brief summary of the expert’s opinions, unless that information was previously obtained through discovery.

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.

CRITICALCivil cases

Applies to

Motion to strike or dismiss pleading

A motion to strike or dismiss a pleading must include a copy of the pleading it seeks to strike or dismiss, or the Court will not consider the motion.

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.

CRITICAL

Applies to

Party contact information

Each party must keep a current mailing address and email address on file with the Domestic Relations Clerk throughout the case.

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.

CRITICALCivil cases

Applies to

Final decree

The checklist requires the agreement to be incorporated and the commissioner from the agreement to be named.

____ Agreement is incorporated ____ Commissioner named from the agreement

CRITICALCivil cases

Applies to

Commission and testimony

_____ Commission & Testimony

_____ Commission & Testimony

CRITICALCivil cases

Applies to

Motion to set and certificate of readiness

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.

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.

CRITICALCivil cases

Applies to

Settlement notice

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

CRITICALCivil cases

Applies to

Expert disclosure

Unless already obtained through discovery, each party must furnish the other parties with each expected expert’s name, address, qualifications, and a brief summary of 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.

CRITICALCivil cases

Applies to

Exhibits

Documents, exhibits, or physical evidence admitted under this provision must be presented to the court reporter for marking before trial.

Documents, exhibits or physical evidence so admitted hereunder shall be presented to the court reporter for marking in evidence prior to trial.

CRITICALCivil cases

Applies to

Written objection

An objection to an expert’s qualifications must be in writing 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.

CRITICALCivil cases

Applies to

Admitted medical bills

Medical bills admitted under the order must be presented to the court reporter for marking before trial.

The bills so admitted shall be presented to the court reporter for marking in evidence prior to trial.

CRITICAL

Applies to

Controverting certificate

A Controverting Certificate must identify the challenged statements in the Certificate of Readiness and give the reasons for the objections.

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.

CRITICALCivil cases

Applies to

Agreement

The agreement must be notarized and provide for incorporation into the final decree and name the commissioner.

_____ Agreement (notarized) ____ Agreement to incorporate into final decree ____ Commissioner named in agreement

CRITICALCivil cases

Applies to

Rule 16 scheduling conference motion

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.

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.

CRITICAL

Applies to

Court exhibits

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.

CRITICALCivil cases

Applies to

Expert disclosure

Unless the information was previously obtained through discovery, each party must furnish all other parties the names, addresses, and qualifications of expected expert witnesses 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.

CRITICALCivil cases

Applies to

Written objection

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.

CRITICALCivil cases

Applies to

Child support forms

The filing checklist requires the listed child-support forms, including CS47 in all cases.

_____ Child support forms ____ CS41 Plaintiff ____ CS41 Defendant ____ CS42 ____ CS43 ____ CS47 – all cases ____ IWO (§30-3-61)

CRITICALCivil cases

Applies to

Jury instructions

In a jury trial, requested written charges must be submitted by the close of the plaintiff’s case, with supplementation during trial permitted 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.

CRITICALCivil cases

Applies to

Controverting certificate

A Controverting Certificate must identify the specific readiness-certificate statements challenged and the reasons for each objection.

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.

CRITICALCivil cases

Applies to

Agreement

The agreement must be notarized, address child-support-guideline compliance or reasons for deviation, include the applicable income-withholding language, provide for incorporation into the final decree, and name the commissioner; medical-support language is optional.

_____ 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

CRITICALCivil cases

Applies to

Answer and waiver

_____ Answer & Waiver

_____ Answer & Waiver

CRITICALCivil cases

Applies to

Admitted documents exhibits and physical evidence

Materials admitted under the order must be presented to the court reporter for marking before trial.

Documents, exhibits or physical evidence so admitted hereunder shall be presented to the court reporter for marking in evidence prior to trial.

CRITICALCivil cases

Applies to

Medical bills

Medical bills admitted under the Order must be presented to the court reporter for marking before trial.

The bills so admitted shall be presented to the court reporter for marking in evidence prior to trial.

CRITICALCivil cases

Applies to

Final decree

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.

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

CRITICALCivil cases

Applies to

Commission and plaintiff testimony

The filing checklist requires the commission and testimony of the plaintiff.

_____ Commission & Testimony(Plaintiff)

CRITICAL

Applies to

Income withholding order

For the Income Withholding Order, complete only the middle box of the form.

Income Withholding Order (Complete the Middle Box of this form only)

CRITICALCivil cases

Applies to

Answer and waiver

The filing checklist requires an Answer & Waiver.

_____ Answer & Waiver

CRITICALCivil cases

Applies to

Complaint

The complaint must state the parties’ residences and ages, the date of marriage, and the grounds for divorce.

_____ Complaint with following required language: ____ Residence of parties (§30-2-5) ____ Age of parties ____ Date of marriage ____ Grounds for divorce (§30-2-8)

CRITICALCivil cases

Applies to

Written objection

An objection under this section must identify the correct name and entity and/or state the grounds relied on.

The objections shall include the correct name and entity and/or the grounds relied on.

CRITICALCivil cases

Applies to

Motion

A motion to strike or dismiss a pleading must include a copy of the pleading it seeks to strike or dismiss.

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.

CRITICALCivil cases

Applies to

Written objection

A written objection to an expert’s qualifications must 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.

CRITICALCivil cases

Applies to

Jury selection information

Before trial and outside the jury’s presence, the parties must furnish or advise the Court of the names of all involved insurance companies and any special voir dire questions for qualifying the jury.

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.

CRITICALCivil cases

Applies to

Written objection

An objection to proposed materials must be in writing and state its grounds concerning genuineness or relevancy.

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.