Alabama procedural guides

Plain-English guides to the Alabama Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to an Alabama complaint: 30 days, unless you were served by publicationAlabama Rule 12(a) gives 30 days after service of the summons and complaint to serve an answer — except where service is by publication and a different time applies under the governing procedure.
• Setting aside an Alabama default judgment: 30 days in circuit court, 14 in district — and 7 for evictionsAlabama Rule 55(c) allows a default judgment to be set aside on motion filed within 30 days — but the District Court Rule cuts that to 14 days, and to 7 calendar days in eviction cases.
• The Alabama motion to dismiss: thirty days to answer, ten if the motion failsAlabama gives thirty days to answer a complaint, but only ten days after a Rule 12 motion is denied — and four of the seven enumerated defenses are waived if left out.
• Alabama summary judgment: a narrative summary, ten days out, and two days to opposeAlabama Rule 56 requires a narrative summary of the undisputed facts, serves the motion at least 10 days before the hearing, and gives the opposition only 2 days.
• The Alabama motion to compel: you choose the courtAlabama Rule 37 lets a motion be made in the circuit where the discovery is sought or where the action is pending, and shifts fees both ways.
• Alabama execution: the sheriff must hand you a Form 92 notice, and a claim of exemption stops the saleAlabama Rule 69 requires the clerk to issue a notice of exemption rights on Form 92, and a notarized claim of exemption stays the sale unless the creditor contests it.

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