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 16 – Complaint for negligence or wantonness

1. On or about the ____ day of ____, upon a public highway [state the name of the street] in [City], County, Alabama, the defendant negligently [or wantonly] cause or allowed a motor vehicle to collide with a motor vehicle occupied by the plaintiff.

2. As a proximate consequence of the defendant’s said negligence [or wantonness], the plaintiff was caused to suffer the following injures and damages:

[enumerate injuries and damages].

Wherefore plaintiff demands judgment against defendant in the sum of _______ dollars and costs.

Committee Comments

Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff.

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