(a) Circuit courts always open. The circuit courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.
Rule 77.Circuit courts and clerks.
Last amended October 24, 2008 · Last verified July 6, 2026
In one sentenceRule 77 keeps circuit courts continuously open for filing papers and issuing process, requires trials on the merits to happen in open court while allowing other matters to be handled by a judge in chambers, sets the clerk's office hours and gives the clerk authority to grant routine, non-discretionary requests, and obligates the clerk to notify parties when an order or judgment is entered, with a limited safety valve extending appeal deadlines if a party never learned of the entry through no fault of their own.
Full Text of Rule 77
(b) Trials and hearings; orders in chambers. All trials upon the merits shall be conducted in open court, except as otherwise provided by statute, and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place within the state either within or without the circuit; but no hearing, other than one ex parte, shall be conducted outside the circuit without the consent of all parties affected thereby.
(c) Clerk’s office and orders by clerk. The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays but a circuit court may provide by order that its clerk’s office shall be open for specified hours on Saturdays or particular legal holidays. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but the clerk’s action may be suspended or altered or rescinded by the court upon cause shown.
(d) Notice of orders or judgments. Immediately upon the entry of an order or judgment the clerk shall serve a notice of the entry by mail or by electronic transmittal in the manner provided for in Rule 5 upon each party who is not in default for failure to appear, and who was not present in person or by that party’s attorney or not otherwise notified, when such order or judgment was rendered, and make a note on the docket of the mailing or electronic transmittal. Such mailing or electronic transmittal is sufficient notice for all purposes for which notice of the entry of an order is required by these rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except that upon a showing of excusable neglect based on a failure of the party to learn of the entry of the judgment or order the circuit court in any action may extend the time for appeal not exceeding thirty (30) days from the expiration of the original time now provided for appeals in civil actions. The circuit court may also extend the time for cross-appeal, pursuant to Rule 4(a)(2), Alabama Rules of Appellate Procedure, not exceeding thirty (30) days from the expiration of the original time now provided for cross-appeals, upon a showing of excusable neglect based on a failure of a party to learn of the filing of a notice of appeal by another party.
(dc) District court rule. Rule 77 applies in the district courts and its references to “circuit” shall be treated as references to “district.”
Amendment History
[Amended 5-13-73; Amended 4-15-74; Amended eff. 6-20-89; Amended eff. 10-1-95; Amended eff. 10-24-2008.]
Committee Comments
Committee Comments on 1973 Adoption
The rule differs from Federal Rule 77 only in minor respects. The words “district courts” and “district” are changed to “circuit courts” and “circuit” to conform to the local court structure, and the words “within the state” added in subdivision (b) to make the rule applicable to state courts. The qualification on trials in open court “except as otherwise provided by statute,” which appears in subdivision (b), leaves the statutory power in the judge to exclude the public pursuant to Code of Ala., § 12-21-9. The treatment of the opening of the clerk’s office differs somewhat. Whereas Rule 6 includes federal and state holidays within the definition of legal holidays so as to eliminate confusion, this Rule permits the clerk’s office to be opened on Federal, but not state holidays such as Memorial Day or Columbus Day, just as the Federal Court Clerk’s office may remain open on Mardi Gras Day or Robert E. Lee’s birthday even though these two state holidays are legal holidays for purposes of computation of time under Rule 6, F.R.C.P.
Rule 77(d) also modifies the federal requirement of notification of the entry of order by the clerk so as not to require notification to those who were actually present when the order was entered or not otherwise notified.
Also, the last sentence of Rule 77(d) has been modified to retain the effect of the abrogated Rule 73(a), F.R.C.P. The matters covered in Rules 72-76 are generally beyond the scope of this Committee’s assignment.
Subdivision (a) has the same meaning and effect as Code of Ala., § 1211-4, and Equity Rule 3, which are superseded by it. Rule 77(a) recognizes that, theoretically, the court is always open for filing papers, etc. Filing with a deputy clerk at her residence was approved in Greeson v. Sherman, 265 F.Supp. 340 (W.D.Va.1967) and slipping a paper under the door of a closed clerk’s office was upheld as adequate filing in Freeman v. Andrea, 282 F.Supp. 525 (E.D.Pa.1968). This is not inconsistent with the cooperative spirit of accommodation in emergencies shown by court personnel in present Alabama practice.
Subdivision (b) is in accord with present Alabama law and practice. The requirement that courts be open is of constitutional origin, Const.1901, § 13. The statute requiring testimony to be given in open court, Code of Ala., § 12-21-125, is superseded by the rule, but Code of Ala., § 12-21-9, giving the judge discretion to clear the courtroom in civil cases involving certain reprehensible sexual conduct or obscene evidence is retained. The rule is not inconsistent with the statutes regulating where court is to be held, Code of Ala., §§ 11-14-12, 12-2-36 and 12-11- 3. and they also are retained. The final sentence of the subdivision is similar to, and supersedes, Code of Ala., § 12-17-27.
Subdivision (c) will not alter present state practice, since it merely sets out the authority which the clerks and registers already exercise. Equity Rule 89 is superseded, as covered by the rule. Note that the reference to “clerk” throughout these rules, includes a register of chancery. Rule 81(d).
Subdivision (d) is new to Alabama law. The duty which it imposes on the clerks and registers is intended for the convenience of litigants. 7 Moore’s Federal Practice, ¶ 77.05 (2d ed.1971). As noted earlier, the clerk need not notify those who received actual notice by being present or were otherwise notified when the order or judgment was entered.
Committee Comments to June 20, 1989, Amendment to Rule 77(dc)
As Rule 77(dc) was initially promulgated, an uncertainty existed as to which court could extend the time for appeal in the event of an appeal from the district court, when a party had failed to learn of the entry of the district court’s judgment. The amendment will make it clear that in such a case it is the district court, not the circuit court, that can extend the time. In Bowman v. Pat’s Auto Parts, 504 So.2d 736 (Ala.Civ.App.1987), there was language suggesting that the circuit court could have extended the time for appeal from the district court to the circuit court. This amendment is intended to make it clear that an extension of time for appeal based on a failure to learn of the district court’s judgment is available only from the district court.
Committee Comments to October 1, 1995, Amendment to Rule 77
In addition to technical changes, subdivision (d) is amended to permit the clerk to extend the time for cross-appeal. Injustice can occur if the party failing to cross-appeal does not do so because of ignorance of the filing of the notice of appeal.
Committee Comments to Amendments to Rule 77(d) Effective October 24, 2008
The intent of the amendments to Rule 77(d) is to include the use of the electronic-filing system as an additional means of notice available to the clerk.
Note from the reporter of decisions: The order amending effective October 24, 2008, Rule 3, Rule 4, Rule 5, Rule 6, Rule 11, Rule 55, Rule 58, Rule 59.1, Rule 77, and Rule 79, and adopting effective October 24, 2008, the Committee Comments to Amendment to Rule 3(b) Effective October 24, 2008; Committee Comments to Amendments to Rule 4 Effective October 24, 2008; Committee Comments to Amendments to Rule 5 Effective October 24, 2008; Committee Comments to Amendments to Rule 6 Effective October 24, 2008; Committee Comments to Amendment to Rule 11 Effective October 24, 2008; Committee Comments to Amendment to Rule 55(a) Effective October 24, 2008; Committee Comments to Amendments to Rule 58 Effective October 24, 2008; Committee Comments to Amendment to Rule 59.1 Effective October 24, 2008; Committee Comments to Amendments to Rule 77(d) Effective October 24, 2008; and the Committee Comments to Addition of Rule 79(e) Effective October 24, 2008, is published in that volume of Alabama Reporter that contains Alabama cases from 994 So. 2d.
Plain-English Summary
Rule 77 addresses the machinery that keeps a circuit court running day to day. It starts by declaring that the court is always open for the purpose of accepting filings, issuing process, and handling interlocutory motions and orders. This means a party is never without a place to file a paper or seek an order, even outside a formal court session.
The rule then separates what must happen in open court from what can happen elsewhere. Trials on the merits belong in open court, held in a courtroom whenever practical, unless a statute says otherwise. Everything else — the day-to-day acts and proceedings that do not require a full trial setting — can be handled by a judge in chambers, without the clerk or other court staff present, and at any location in the state, whether inside or outside the judge's own circuit. The one limit is that a hearing involving more than one side cannot be moved outside the circuit without the consent of everyone affected.
Rule 77 also fixes the clerk's office hours: open during business hours every day except weekends and legal holidays, though a court can authorize special weekend or holiday hours by order. Routine clerical requests — issuing process, entering defaults, and similar matters that do not call for a judge's discretion — are granted automatically by the clerk, though the court can step in and suspend, alter, or undo the clerk's action for good cause.
Finally, the rule requires the clerk to promptly notify each party of a new order or judgment by mail or electronic transmittal, unless that party was in default for not appearing, was present when the order was made, or already received notice another way. The clerk must note the notification on the docket, and any party may still serve its own separate notice. Missing the clerk's notice does not by itself extend the time to appeal, but if a party can show it never learned of the entry through excusable neglect, the circuit court may extend the appeal deadline by up to thirty days, and it may similarly extend the cross-appeal deadline if a party did not learn that another party had filed a notice of appeal.
Frequently Asked Questions
What does it mean that the circuit court is "always open" under Rule 77?
It means a party can file a pleading or other paper, and the clerk can issue and return process, at any time, without needing court to be in a formal session; it reflects the idea that filing and routine processing functions never shut down even when the courtroom itself is not in use.
Can a judge handle court business somewhere other than the courtroom?
Yes. Rule 77 allows a judge to conduct acts or proceedings other than trials on the merits in chambers, without the clerk or other officials present, and at any location in the state, though a hearing with more than one side present cannot be moved outside the judge's circuit without the consent of all affected parties.
What happens if the clerk fails to notify a party that an order was entered?
The lack of notice does not automatically extend the time to appeal, but if a party shows excusable neglect based on never learning of the entry, the circuit court may extend the appeal deadline by up to thirty days beyond the original deadline.
Which court requests can the clerk grant without asking a judge?
Rule 77 lets the clerk grant routine matters such as issuing mesne process, issuing final process to enforce judgments, and entering defaults, since these do not require the exercise of judicial discretion; the court can still suspend, alter, or rescind the clerk's action for good cause.
Does Rule 77 apply the same way in district court?
Yes, with one adjustment: because Rule 77 was written for circuit courts, its references to "circuit" are read as references to "district" when the rule applies in district 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. 77). 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: circuit court always openclerk office hoursnotice of entry of judgmentextending time to appeal for lack of noticeclerk grantable motionsAla. R. Civ. P. 77