13th Judicial Circuit Court, Mobile County, Alabama Filing Timing and Cure Windows

WARNINGCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil 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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Deadline

3 business days

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

Discovery must be completed 30 days before trial.

Discovery shall be completed 30 days prior to the trial date.

CRITICAL

Each party must complete the seminar within 60 days of service.

This seminar must be completed by each party within 60 days of service.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

The checklist states a 42-day period for appeal.

____ 42 days for appeal (§30-2-8, §30-2-10)

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil 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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.