Last amended October 1, 1995 · Last verified July 6, 2026
In one sentenceRule 78 requires each circuit court to set regular, frequent times and places for hearing motions that need notice and a hearing, while letting a judge schedule other matters flexibly, and it lets courts decide non-final motions on written briefs alone, deny (but not grant) a motion to dismiss without oral argument, and automatically gives a party ten days to amend a pleading after a motion to dismiss against it is granted.
Full Text of Rule 78
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Each circuit court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as the judge considers reasonable may make orders for the advancement, conduct, and hearing of actions.
To expedite its business, the court may make provision by rule or order for the submission and determination of motions not seeking final judgment without oral hearing upon brief written statements of reasons in support and opposition.
To expedite further its business, unless there is a request for oral hearing, the court may enter an order denying a motion to dismiss without oral hearing. Unless the court orders otherwise, an order granting a motion to dismiss shall be deemed to permit an automatic right of amendment of the pleading to which the motion is directed within ten (10) days from service of the order.
(dc)District court rule. Rule 78 applies in the district courts.
Amendment History
[Amended 4-25-73; Amended 10-1-95.]
Committee Comments
Supreme Court Note
Rule 78 was promulgated on January 3, 1973, to read as follows:
“RULE 78. MOTION DAY
“Unless local conditions make it impracticable, each circuit court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct, and hearing of actions.
“To expedite its business, the court may make provision by rule or order for the submission and determination of motions not seeking final judgment without oral hearing upon brief written statements of reasons in support and opposition.”
Rule 78 was modified on April 25, 1973, so as to appear in its present form.
Committee Comments on 1973 Adoption
The rule is consistent with present Alabama practice, and supersedes the less detailed provision to the same effect in Rule 21 of the Rules of Practice in the Circuit and Inferior Courts of Alabama. Equity Rule 94, which is superseded by Rule 6(d), and Code of Ala., Tit. 13, § 126(6), which is superseded by Rule 83, also related to this same subject matter.
It is to be noted that the last sentence of the rule prohibits the granting of a Motion Seeking Final Judgment such as a Motion for Summary Judgment without giving the parties an opportunity to be heard orally.
This rule departs from the Federal Rule 78 in that it contemplates regular motion dockets in order that pending actions may be moved toward final resolution. It also provides for the entry of orders denying motions to dismiss without the necessity for oral hearing. This should facilitate disposition of proforma motions to dismiss. In the event the court has any inclination toward the granting of the motion to dismiss, a hearing will continue to be required. The reference herein to local rules in no way authorizes the promulgation of local rules other than as provided by Rule 83, Local Court Rules.
Committee Comments to October 1, 1995, Amendment to Rule 78
The amendment is technical. No substantive change is intended.
Plain-English Summary
Rule 78 governs how circuit courts schedule and dispose of motions. Every circuit court must set up regular motion days — recurring times and places, held often enough to keep the court's business moving, where motions that require notice and a hearing get heard and decided. That structure does not box in the judge, who retains power to set a different time, place, or notice period whenever reasonable for advancing, conducting, or hearing a case.
To keep things moving efficiently, a court can adopt a rule or order allowing certain motions to be decided on the papers alone, without oral argument, as long as the motion does not seek a final judgment. The parties submit brief written statements supporting and opposing the motion, and the court rules based on those submissions.
Rule 78 draws a sharp line for motions to dismiss. A court can deny a motion to dismiss without holding an oral hearing if no one asks for one. But a court cannot grant a motion to dismiss without giving the parties an opportunity to be heard, unless the parties are content to skip oral argument. When a court does grant a motion to dismiss, the losing party automatically gets ten days from service of the order to amend the pleading that was dismissed, unless the court orders otherwise.
Frequently Asked Questions
What is "motion day" under Rule 78?
It is the regular, recurring time and place that each circuit court must establish for hearing motions that require notice and a hearing, scheduled often enough to keep the court's docket moving.
Can a judge deviate from the regular motion day schedule?
Yes. The judge retains authority to set orders for the advancement, conduct, and hearing of actions at any time or place and on whatever notice the judge considers reasonable, independent of the regular motion day schedule.
Can a court decide a motion without an oral hearing?
A court may deny a motion to dismiss without oral hearing if no party requests one, and it may decide other motions that do not seek final judgment on written briefs alone if it has adopted a rule or order permitting that procedure; but it cannot grant a motion to dismiss without an oral hearing unless the parties forgo one.
What happens after a court grants a motion to dismiss?
Unless the court says otherwise, the party whose pleading was dismissed automatically gets ten days from service of the order to amend that pleading.
Does Rule 78 apply in district court?
Yes. Rule 78 applies in the district courts in the same manner as in circuit courts.
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. 78). 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:motion day schedulemotions decided without oral hearinggranting motion to dismiss noticeten days to amend after dismissalcircuit court motion docketAla. R. Civ. P. 78