Alabama

Civil Procedure

Rule 1 – Scope of rules
Rule 2 – One form of action
Rule 3 – Commencement of action
Rule 4 – Process: General and miscellaneous provisions
Rule 4.1 – Service of other process
Rule 4.2 – Process. Basis for and methods of out-of-state service.
Rule 4.3 – Process: Service by publication
Rule 4.4 – Process: basis for and methods of service in a foreign country
Rule 5 – Service and filing of pleadings and other papers
Rule 5.1 – Privacy Protection for Court Filings
Rule 6 – Time
Rule 7 – Pleadings allowed; form of motions
Rule 8 – General rules of pleading
Rule 9 – Pleading special matters
Rule 10 – Form of pleadings
Rule 11 – Signing of pleadings, motions, or other papers
Rule 12 – Defenses and objections – When and how presented – By pleading or motion – Motion for judgment on the pleadings
Rule 13 – Counterclaim and cross-claim
Rule 14 – Third-party practice
Rule 15 – Amended and supplemental pleadings
Rule 16 – Pretrial conferences; scheduling; management
Rule 17 – Parties plaintiff and defendant; capacity
Rule 18 – Joinder of claims and remedies
Rule 19 – Joinder of persons needed for just adjudication
Rule 20 – Permissive joinder of parties
Rule 21 – Misjoinder and nonjoinder of parties
Rule 22 – Interpleader
Rule 23 – Class actions [Effective until May 1, 2021]
Rule 23 – Class actions [Effective May 1, 2021]
Rule 23.1 – Derivative actions by shareholders
Rule 23.2 – Actions relating to unincorporated associations
Rule 24 – Intervention
Rule 25 – Substitution of parties
Rule 26 – General provisions governing discovery
Rule 27 – Discovery before action or pending appeal
Rule 28 – Persons before whom depositions may be taken
Rule 29 – Stipulations regarding discovery procedure
Rule 30 – Depositions upon oral examination
Rule 31 – Depositions upon written questions
Rule 32 – Use of depositions in court proceedings
Rule 33 – Interrogatories to parties
Rule 34 – Production of documents and things and entry upon land for inspection and other purposes
Rule 35 – Physical and mental examination of persons
Rule 36 – Requests for admission
Rule 37 – Failure to make discovery: sanctions
Rule 38 – Jury trial of right
Rule 39 – Trial by jury or by the court
Rule 40 – Assignment of cases for trial
Rule 41 – Dismissal of actions
Rule 42 – Consolidation: separate trials
Rule 43 – Evidence
Rule 44 – Proof of documents
Rule 44.1 – Determination of foreign law
Rule 45 – Subpoena
Rule 46 – Exceptions unnecessary
Rule 47 – Jurors
Rule 48 – Juries of less than 12- Majority verdict
Rule 49 – General verdicts, special verdicts and interrogatories
Rule 50 – Judgment as a matter of law in actions tried by jury; alternative motion for new trial; conditional rulings
Rule 51 – Instructions to jury; objection
Rule 52 – Findings by the court; judgment on partial findings
Rule 53 – Masters
Rule 54 – Judgments; costs
Rule 55 – Default
Rule 56 – Summary judgment
Rule 57 – Declaratory judgments
Rule 58 – Rendition and entry of orders and judgments
Rule 59 – New trials; amendment of judgments
Rule 59.1 – Disposition of Motion for New Trial and Other Postjudgment Motions
Rule 60 – Relief from judgment or order
Rule 61 – Harmless error
Rule 62 – Stay of proceedings to enforce a judgment
Rule 63 – Inability of a judge to proceed
Rule 64 – Seizure of person or property
Rule 64A – Notice to Defendant of Right to Claim Exemption from Garnishment
Rule 64B – Contest of Claim of Exemption-Garnishment of Money, Choses in Action, or Personal Property
Rule 65 – Injunctions
Rule 65.1 – Security: proceedings against sureties
Rule 66 – Receivers
Rule 67 – Deposit in court
Rule 68 – Offer of judgment
Rule 69 – Execution
Rule 70 – Judgment for specific acts; vesting title
Rule 70A – Contempt in civil cases
Rule 71 – Process in behalf of and against persons not parties
Rule 71A – Omitted
Rule 71B – Appeals from arbitration awards
Rule 71C – Enforcement of arbitration awards
Rule 72-76 – Omitted
Rule 77 – Circuit courts and clerks
Rule 78 – Motion day
Rule 79 – Books and records kept by the clerk and entries therein
Rule 80 – Stenographic report or transcript as evidence
Rule 81 – Applicability in general
Rule 82 – Jurisdiction and venue
Rule 83 – Local court rules
Rule 84 – Forms
Rule 85 – Title
Rule 86 – Effective date
Rule 87 – Limited-Scope Representation

Form 1 – Repealed
Form 1A – Summons
Form 1B – Summons
Form 2 – Complaint on a promissory note
Form 3 – Complaint on covenant or agreement
Form 4 – Complaint for specific performance
Form 5 – Complaint on an open account
Form 6 – Complaint on account stated
Form 7 – Complaint for goods sold and delivered
Form 8 – Complaint for work and labor done
Form 9 – Complaint for money lent
Form 10 – Complaint for money paid by mistake
Form 11 – Complaint for money had and received
Form 12 – Complaint for money paid by plaintiff for defendant
Form 13 – Complaint on a policy of life insurance
Form 14 – Complaint on a policy of fire insurance
Form 15 – Complaint on a policy of marine insurance
Form 16 – Complaint for negligence or wantonness
Form 17 – Complaint for assault and battery
Form 18 – Complaint for false imprisonment
Form 19 – Complaint for malicious prosecution
Form 20 – Complaint for fraud
Form 21 – Complaint on a warranty
Form 22 – Complaint for conversion
Form 23 – Complaint for recovery of chattels in specie
Form 24 – General form of complaint in action by plaintiff claiming entitlement to class action treatment
Form 25 – Complaint for stockholder’s derivative action
Form 26 – Motion to dismiss, presenting defenses of failure to state a claim, of lack of service of process, of improper venue, and of lack of jurisdiction under rule 12(b)
Form 27 – Answer presenting defenses under rule 12(b)
Form 28 – Motion to bring in third-party defendant
Form 29 – Third-party complaint
Form 30 – Pre-trial order
Form 31 – Complaint for wrongful death, personal injuries
Form 32 – Motion to intervene
Form 33 – Motion to drop defendant or for severance of claims
Form 34 – Motion by defendant for severance of claims of several plaintiffs
Form 35 – Motion by plaintiff to add defendant
Form 36 – Motion by defendant to bring in additional defendant
Form 37 – Motion by defendant to add additional plaintiff
Form 38 – General form for interpleader and declaratory relief
Form 39 – Plaintiff’s motion for substitution – Deceased party defendant
Form 40 – Motion for substitution of transferee
Form 41 – Notice of taking deposition
Form 42 – Motion to vacate notice to take deposition
Form 43 – Motion to stay taking of deposition
Form 44 – Motion to limit scope of examination
Form 45 – Motion for leave to take deposition of prisoner
Form 46 – Notice of taking deposition upon written questions
Form 47 – Interrogatories
Form 48 – Motion to extend time to answer interrogatories
Form 49 – Motion for order compelling party to answer interrogatories
Form 50 – Request for production of documents, etc., under rule 34
Form 51 – Notice of intent to serve subpoena on nonparty
Form 51A – Civil Subpoena for Production of Documents, Etc., under Rule 45
Form 52 – Motion for order compelling production
Form 53 – Motion for physical examination
Form 54 – Request for admission of facts
Form 55 – Request for admissions of facts (automobile accident)
Form 56 – Request for admissions
Form 57 – Request for admission of genuineness of document
Form 58 – Motion for order shortening time for response
Form 59 – Motion for extension of time to respond to request to admit
Form 60 – Statement in response to requests for admission
Form 61 – Motion to determine sufficiency of answers to request for admissions and for order that facts be taken as established
Form 61A – Motion for order that facts be taken as established
Form 62 – Motion to compel answers at deposition on oral examination
Form 63 – Motion for order compelling answers to interrogatories
Form 64 – Motion to hold in contempt for failure to obey order compelling answers
Form 65 – Motion to dismiss action for failure to comply with order
Form 66 – Motion for order to show cause why defendant (witness) should not be held in contempt
Form 67 – Motion to strike out complaint and dismiss action for failure of plaintiff to give deposition
Form 68 – Demand for jury trial
Form 69 – Motion for trial by advisory jury
Form 70 – Notice of dismissal
Form 71 – Stipulation for dismissal
Form 72 – Motion to consolidate
Form 73 – Civil subpoena
Form 74 – Civil subpoena duces tecum
Form 75 – Deposition subpoena to testify or produce documents or things
Form 76 – Stipulation for majority verdict
Form 77 – Motion for directed verdict
Form 78 – Motion for judgment notwithstanding the verdict or, in the alternative, for new trial
Form 79 – Application to clerk for entry of default and supporting affidavit
Form 80 – Default judgment entered on application to clerk
Form 81 – Docket of entry of default
Form 82 – Default judgment entered by court
Form 83 – Motion to set aside entry of default
Form 84 – Motion for summary judgment by plaintiff
Form 85 – Motion for summary judgment by defendant
Form 86 – Offer of judgment
Form 87 – Notice of acceptance of offer of judgment
Form 88 – Motion for writ of seizure
Form 89 – Order for writ of seizure
Form 90 – Motion for dissolution of writ and request for hearing
Form 91 – Order for hearing on application for writ of seizure
Form 92 – Notice of Right To Claim Exemption from Execution
Form 93 – Informational cover sheet in civil cases
Appendix II – Statutes and Rules Superseded [Omitted.]
Appendix III – Statutes Modified [Omitted.]

Form 19 – Complaint for malicious prosecution

1. On or about the ____ day of , defendant, maliciously, and without probable cause therefor, caused the plaintiff to be arrested under a warrant issued by E.F., a magistrate, on a charge of larceny (or as the case may be).

2. Before the commencement of this action, this charge was judicially investigated, the prosecution ended, and the plaintiff discharged.

Wherefore, (etc. as in Form 16).

Committee Comments

This form alleges circumstances showing a lawful arrest. If an arrest is not necessary to instigate the judicial proceeding, omit any claim of a lawful arrest and instead merely set out the circumstances showing the commencement of a valid judicial proceeding. See Sears, Roebuck & Co. v. Alexander, 252 Ala. 122, 39 So.2d 570 (1949) and Bessie Mae Prince v. B. G. Bryant, 274 Ala. 134, 145 So.2d 837 (1962).

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