(a) Who may appeal. Any party to an arbitration may file a notice of appeal from the award entered as a result of the arbitration.
Rule 71B.Appeals from arbitration awards.
Last amended February 1, 2009 · Last verified July 6, 2026
In one sentenceRule 71B creates the exclusive path for appealing an arbitration award by requiring a party to file a notice of appeal in circuit court within thirty days of service of the award, then move under Rule 59 to set aside the judgment entered on that award before any higher appellate court will hear the dispute.
Full Text of Rule 71B
(b) When filed. The notice of appeal shall be filed within thirty (30) days after service of notice of the arbitration award. Failure to file within thirty (30) days shall constitute a waiver of the right to review.
(c) Where filed. The notice of appeal shall be filed with the clerk of the circuit court where the action underlying the arbitration is pending or if no action is pending in the circuit court, then in the office of the clerk of the circuit court of the county where the award is made.
(d) What filed. With the notice of appeal, the appellant shall file a copy of the award, signed by the arbitrator, if there is only one, or by a majority of the arbitrators, along with the submission to the arbitrator or arbitrators and any supporting documents or record of the proceedings, if available. If no record is available, the appellant shall so state. If a record is to be prepared but is not completed within the time provided in paragraph (b) of this rule, the appellant shall so state in the notice of appeal and shall file the record within thirty (30) days after the filing of the notice of appeal, unless the court for good cause shown shall allow additional time.
(f) Procedure after filing. The clerk of the circuit court promptly shall enter the award as the final judgment of the court. Thereafter, as a condition precedent to further review by any appellate court, any party opposed to the award may file, in accordance with Rule 59, a motion to set aside or vacate the judgment based upon one or more of the grounds specified in Ala. Code 1975, § 6-6-14, or other applicable law. The court shall not grant any such motion until a reasonable time after all parties are served pursuant to paragraph (e) of this rule. The disposition of any such motion is subject to civil and appellate rules applicable to orders and judgments in civil actions.
(dc) District court rule. Rule 71B applies to appeals from arbitration awards arising from actions initially filed in the district court. As provided above, the appeal is to the circuit court.
Amendment History
[Adopted 12-10-2008, eff. 2-1-2009.]
Committee Comments
Committee Comments to Rule 71B Effective February 1, 2009
In his concurring opinion in Birmingham News Co. v. Horn, 901 So. 2d 27, 74 (Ala. 2004), Justice Lyons invited the Standing Advisory Committee on the Rules of Appellate Procedure "(a) to establish an easily understood triggering date for the time for taking an appeal from an arbitrator's award and, should the proposed revision conflict with [Ala. Code 1975,] § 6-6-15, to recommend the abrogation of § 6-6-15, and (b) to recognize the availability of an independent action in the circuit court from which an appeal would lie as in other cases." The Court provided further guidance in Horton Homes, Inc. v. Shaner, [Ms. 1061659, June 20, 2008] 999 So. 2d 462 (Ala. 2008). The Standing Advisory Committees on the Rules of Appellate Procedure and the Rules of Civil Procedure collaborated in response to those cases. The resulting rule clarifies the method for taking an appeal from an arbitration award and supersedes the procedure provided by Ala. Code 1975, § 6-6-15. Pursuant to this rule, the aggrieved party has no right to appellate review of an arbitration award unless that party has appealed to the circuit court from the arbitration award within 30 days of service of the notice of the award and has timely filed a Rule 59 motion to set aside or vacate the judgment on the arbitration award as described above. The rule provides that the notice of appeal from the arbitration award must be filed in the appropriate circuit court within 30 days of the receipt of the award, rather than within 42 days as indicated in some of the case law relating to an appeal of an arbitration award.
Plain-English Summary
When parties arbitrate a dispute, someone dissatisfied with the outcome needs a defined way to challenge it in court. Rule 71B supplies that path. Any party to the arbitration may file a notice of appeal from the award, but the window is narrow: the notice must be filed within thirty days after service of notice of the award, and missing that deadline waives the right to any review at all.
The notice of appeal goes to the clerk of the circuit court where the underlying action is pending, or, if no action was ever filed in circuit court, to the circuit court clerk in the county where the award was made. The appellant must attach a signed copy of the award along with the submission given to the arbitrator and any available record of the proceedings, noting if no record exists or requesting extra time to complete one. Service follows Rule 5 if an action is already pending, or Rules 4 through 4.4 if not, and must also reach any counsel who appeared in the arbitration.
Once the notice is filed, the clerk enters the award as the circuit court's final judgment. From there, a party opposed to the award must file a Rule 59 motion to set aside or vacate that judgment on recognized grounds before any appellate court will take up the matter. The court holds off ruling on that motion until a reasonable time has passed after everyone is served. Only after the circuit court rules on the Rule 59 motion can a party pursue further appellate review, which proceeds under the appellate rules governing notices of appeal.
Rule 71B reaches arbitrations tied to actions originally filed in district court as well, with the appeal still routed to circuit court.
Frequently Asked Questions
How long does a party have to appeal an arbitration award?
A notice of appeal must be filed within thirty days after service of notice of the arbitration award, and missing that deadline waives the right to review.
Where does a party file a notice of appeal from an arbitration award?
The notice goes to the clerk of the circuit court where the underlying action is pending, or, if no action is pending there, to the circuit court clerk in the county where the award was made.
What must be filed along with the notice of appeal?
The appellant must file a signed copy of the arbitration award, the submission given to the arbitrator or arbitrators, and any available supporting documents or record of the proceedings, stating whether a record exists or needs more time to prepare.
Can a party go straight to an appellate court after filing a notice of appeal from an arbitration award?
No. The clerk first enters the award as the circuit court judgment, and the opposing party must file a Rule 59 motion to set aside or vacate that judgment before any further appellate review can proceed.
Does Rule 71B apply to arbitrations arising from district court cases?
Yes. Rule 71B covers arbitration awards from actions originally filed in district court, and the appeal is still directed to the circuit court.
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. 71B). 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: appealing an arbitration awardnotice of appeal from arbitrationvacating an arbitration awardarbitration appeal deadlineAla. R. Civ. P. 71B