(a) Setting of cases. The trial of actions shall be set by entry on a trial docket or by written order at least sixty (60) days before the date set for trial, subject to the following exceptions: (1) where, when the interests of justice require, the court continues the trial to a date that is less than sixty (60) days from a previously set trial date that was set in compliance with this rule; (2) where a shorter period of time is available under the provisions of Rule 55 (“Default”); (3) where a shorter period of time is available under the provisions of Rule 65 (“Injunctions”); (4) where a shorter period of time serves the ends of justice in domestic relations cases; (5) where a shorter period of time serves the ends of justice in a habeas corpus or other similar proceeding where the liberty interest of an individual is at issue; (6) where an action has been appealed to the circuit court for de novo review, in which event the time period between setting and trial date shall be at least thirty (30) days; and (7) where a shorter period of time is otherwise provided by law or these rules or agreed to by all of the parties.
Rule 40.Assignment of cases for trial.
Last amended August 1, 1990 · Last verified July 6, 2026
In one sentenceRule 40 requires the court to set trial dates on the docket or by written order at least sixty days ahead of time (with a short list of exceptions) and requires the clerk to promptly notify out-of-county attorneys once a case lands on the trial docket.
Full Text of Rule 40
(b) Notice. The clerk forthwith and, in no event more than three (3) days after a case has been placed on the trial docket, shall notify all out-of-county attorneys of record by personal service, or by mailing a letter or by mailing a copy of the docket of the court.
(dc) District court rule. Rule 40 applies in the district courts except that the reference to sixty (60) days at Rule 40(a) is reduced to fourteen (14) days, the exceptions (1), (3), (4), (5), and (6) in Rule 40(a) are inapplicable to district courts, and the provision for notice in Rule 40(b) is altered so as to require notice to all parties instead of notice to “all out-of-county attorneys of record.”
Amendment History
[Amended 6-12-90, eff. 8-1-90; Amended 6-18-90, eff. 8-1-90; Amended 7-10-90, eff. 8-1-90.]
Committee Comments
Committee Comments on 1973 Adoption
The broad discretion given by the court in Rule 40, A.R.C.P., is not dissimilar to the latitude under the Rules of Practice in Circuit and Inferior Courts. Tit. 7, Appendix. For example, in Knowles v. Blue, 209 Ala. 27, 30, 95 So. 481 (1923), Judge Thomas held as follows: “Statutes prescribing the order of trial of causes on the docket have been said to be merely directory. The rule in question, as codified, has the force and effect of a statute, is directory, and vests a large discretion in the trial court in the disposition of the causes in such order as to economically and speedily dispose of pending causes without injustice to parties litigant and their counsel.”
To the same effect see Southern Ry. v. Smith, 268 Ala. 235, 105 So.2d 705 (1958).
The rule carries forward the provisions of Tit. 7, § 249, Code of Ala., in its requirement that cases must be set at least 20 days before the date of trial. The rule clearly places the duty upon the clerk to give prompt notice of a setting to all out of county attorneys. This should not alter any present practices currently employed for the giving of notice to local attorneys.
District Court Committee Comments
In the circuit courts Rule 40(b) imposes a duty upon the Clerk to notify “all out-of-county attorneys” of the trial docket. This rule was drawn so as to preserve practices currently in effect for the giving of notice to local attorneys. However, in District Court, Rule 40(dc) will require some notice to all attorneys or the parties of the setting of cases for trial. It is envisioned that, in the contested cases, the district court would notify each litigant by postcard or some other simple means of the setting of a case for trial.
Plain-English Summary
Trial dates cannot spring up overnight. Rule 40 requires courts to give at least sixty days’ notice before a case goes to trial, whether that notice comes as an entry on a trial docket or a written order. The point is to give everyone — parties, witnesses, and lawyers — real time to prepare, line up witnesses, finish outstanding discovery, and get ready to try the case rather than scrambling.
That sixty-day floor bends for a handful of situations where speed matters more than the usual notice period: default judgment proceedings, injunction hearings, domestic relations cases where the interests of justice call for moving faster, habeas corpus or similar matters involving someone’s liberty, cases appealed to circuit court for a fresh trial (which get a shorter thirty-day minimum), and any situation where the parties themselves agree to less notice or another rule or statute specifically allows it. Courts can also shorten a previously compliant trial date if the interests of justice call for it. Outside of those carve-outs, though, the sixty-day minimum holds, and courts have been reminded on more than one occasion that this floor is not just a guideline.
Once a case is placed on the trial docket, the clerk has to act fast: notice must go out to all out-of-county attorneys of record within three days, whether by personal service, mailed letter, or a mailed copy of the docket itself. This notice duty falls on the clerk, not the parties, which matters if a setting slips through the cracks — though a party who shows up and tries the case without objecting to short notice can end up waiving the right to complain about it later. Rule 40 applies in district court too, but with a much shorter fourteen-day notice period and notice going out to all parties rather than just out-of-county attorneys.
Frequently Asked Questions
How much advance notice must I get before my case is set for trial?
At least sixty days in circuit court, whether the setting comes by docket entry or written order, unless one of the rule’s specific exceptions applies.
Are there situations where a trial can be set with less than sixty days’ notice?
Yes. Shorter notice is allowed for default judgment matters, injunction hearings, certain domestic relations and habeas corpus cases, appeals to circuit court for a new trial, and any case where the parties agree to less notice.
Who is responsible for notifying me that my case has been set for trial?
The clerk of court must notify out-of-county attorneys of record within three days of the case being placed on the trial docket, by personal service, mail, or a mailed copy of the docket.
What if I go to trial without realizing I did not get sixty days’ notice?
Proceeding with the trial without objecting to the short notice can be treated as waiving your right to complain about it afterward, so it is important to raise the issue as soon as you notice it.
Does the sixty-day notice requirement apply in Alabama district court?
No. District court uses a shorter fourteen-day notice period, and notice must go to all parties rather than only out-of-county attorneys.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 40). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: assignment of cases for trialtrial setting noticesixty day trial notice Alabamatrial docket ruleAla. R. Civ. P. 40