Alacivpro Ii-08

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Ala. R. Civ. P. 54

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Judgments; Costs (a) Definition; Form; (b) Judgment Upon Multiple Claims or Involving Multiple Parties; (c) Demand for Judgment; (d) Costs; (dc) District Court Rule

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Ala. R. Civ. P. 54(a)

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(a) Definition; Form. “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings.

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Ala. R. Civ. P. 54(b)

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(b) Judgment Upon Multiple Claims or Involving Multiple Parties. The court may direct entry of final judgment on less than all claims only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. Final judgments under this subsection are not really final until all the claims are settled.

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Ala. R. Civ. P. 54(c)

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(c) Demand for Judgment. A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings.

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Ala. R. Civ. P. 54(d)

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(d) Costs. Except when express provision therefor is made in a statute, costs shall be allowed as of course to the prevailing party unless the court otherwise directs, and this provision is applicable in all cases in which the state is a party plaintiff in civil actions as in cases of individual suitors. In all cases where costs are adjudged against any party who has given security for costs, execution may be ordered to issue against such security. Costs may be taxed by the clerk without notice. On motion served within five (5) days of the receipt of notice of such taxation, the action of the clerk may be reviewed by the court.

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Ala. R. Civ. P. 54(dc)

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(dc) District Court Rule. Rule 54 applies in the district courts.

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Ala. R. Civ. P. 58

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Rendition and Entry of Orders and Judgments (a) Rendition of Orders and Judgments; (b) Sufficiency of Order or Judgment; (c) Entry of Order or Judgment; (dc) District Court Rule

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Ala. R. Civ. P. 58(a)

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(a) Rendition of Orders and Judgments. A judge may render an order or a judgment: (1) by executing a separate written document, (2) by including the order or judgment in a judicial opinion, (3) by endorsing upon a motion the words “granted,” “denied,” “moot,” or words of similar import, and dating and signing or initialing it, (4) by making or causing to be made a notation in the court records, or (5) by executing and transmitting an electronic document to the electronic-filing system.

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Ala. R. Civ. P. 58(b)

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(b) Sufficiency of Order or Judgment. An order or a judgment need not be phrased in formal language nor bear particular words of adjudication. A written order or a judgment will be sufficient if it is signed or initialed by the judge, or by the clerk in the case of a judgment entered pursuant to Rule 55(b)(1), Rule 71B(f), or Rule 71C(f), and indicates an intention to adjudicate, considering the whole record, and if it indicates the substance of the adjudication.

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Ala. R. Civ. P. 58(c)

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(c) Entry of Order or Judgment. Upon rendition of an order or a judgment as provided in subdivision (a)(1-4) of this rule, the clerk shall forthwith enter such order or judgment in the court record. An order or a judgment shall be deemed “entered” within the meaning of these Rules and the Rules of Appellate Procedure as of the actual date of the input of the order or judgment into the State Judicial Information System. An order or a judgment rendered electronically by the judge under subdivision (a)(5) of this rule shall be deemed “entered” within the meaning of these Rules and the Rules of Appellate Procedure as of the date the order or judgment is electronically transmitted by the judge to the electronic-filing system. The entry of the judgment or order shall not be delayed for the taxing of costs. Interest upon a judgment runs from the date the court renders the judgment.

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Ala. R. Civ. P. 58(dc)

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(dc) District Court Rule. Rule 58 applies in the district courts.

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Ala. R. Civ. P. 60

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Relief From Judgment or Order (a) Clerical Mistakes; (b) Mistakes; Inadvertance; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. (dc) District Court Rule

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Ala. R. Civ. P. 60(a)

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(a) Clerical Mistakes. Clerical mistakes are correctable.

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Ala. R. Civ. P. 60(b)

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(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. Corrections are available for: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.

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Deadlinies under Ala. R. Civ. P. 60(b)

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Under 60(b)(1), (2), and (3) you have four (4) months after the judgment, to make the correction. This rule does not limit the power of a court to entertain an independent action within a reasonable time and not to exceed three (3) years after the entry of the judgment (or such additional time as is given statute).

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Ala. R. Civ. P. 60(dc)

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(dc) District Court Rule. Rule 60 applies in the district courts.

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Ala. R. Civ. P. 61

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Harmless Error: No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

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Ala. R. Civ. P. 61(dc)

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(dc) District Court Rule. Rule 61 is not applicable in the district courts except when an appeal is permitted pursuant to Sec. 4-111(d) of the Judicial Article Implementation Act, Act No. 1205, Regular Session 1975.

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Ala. R. Civ. P. 62

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Stay of Proceedings to Enforce a Judgment (a) Automatic Stay; Exceptions; (b) Stay on motion for New Trial or for Judgment; (c) Injunction Pending Appeal; (d) Stay Upon Appeal; (e) Stay in Favor of the State of Alabama or Agency Thereof; (f) [Omitted]; (g) Power of Appellate Court Not Limited; (h) Stay of Judgment Upon Multiple Claims or as to Multiple Parties; (dc) District Court Rule.

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Ala. R. Civ. P. 62(a)

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(a) Automatic Stay; Exceptions. Except as stated herein or as otherwise provided by statute or by order of the court for good cause shown, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.

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Ala. R. Civ. P. 62(b)

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(b) Stay on Motion for New Trial or for Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter, amend, or vacate a judgment made pursuant to Rule 59, or of a motion for relief from a judgment or order made pursuant to Rule 60, or of a motion for judgment in accordance with a motion for judgment as a matter of law made pursuant to Rule 50, or of a motion for amendment to the findings or for additional findings made pursuant to Rule 52(b).

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Ala. R. Civ. P. 62(c)

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(c) Injunction Pending Appeal. When an interlocutory or final judgment has been rendered granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of an appeal from such judgment upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. The power of the court to make such an order is not terminated by the taking of the appeal.

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Ala. R. Civ. P. 62(d)

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(d) Stay Upon Appeal. When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court.

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Ala. R. Civ. P. 62(e)

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(e) Stay in Favor of the State of Alabama or Agency Thereof. When an appeal is taken by the State of Alabama or an officer or agency thereof or by direction of any department of the government of the State of Alabama and the operation or enforcement of the judgment is stayed, no bond, obligation or other security shall be required from the appellant.

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Ala. R. Civ. P. 62(f)

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(f) [Omitted.]

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Ala. R. Civ. P. 62(g)

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(g) Power of Appellate Court Not Limited. The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.

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Ala. R. Civ. P. 62(h)

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(h) Stay of Judgment Upon Multiple Claims or as to Multiple Parties. When a court has ordered a final judgment under the conditions stated in Rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

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Ala. R. Civ. P. 62(dc)

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(dc) District Court Rule. Rule 62 applies in the district courts except that (1) the references therein to injunctions and receivership actions are deleted, (2) the time period of thirty (30) days in Rule 62(a) is reduced to fourteen (14) days, (3) provisions of Rule 62(b) are modified so as to provide for an automatic stay of execution pending a ruling on any motion for a new trial or to alter or amend a judgment or for amendment to the findings or for additional findings, (4) Rule 62(c) does not apply in the district courts, and, (5) the provision for a supersedeas bond in Rule 62(d) is deleted and Rule 62(d) is modified so as to require only a bond for costs or affidavit of substantial hardship, approved by the court, in lieu of said bond.

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Ala. R. Civ. P. 68

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Offer of Judgment. Defendant may offer judgment up to fifteen (15) days before trial, which plaintiff has ten (10) days to accept. Without acceptance, the offer is withdrawn and deemed generally inadmissable. If the ultimate finding is less than the offer, then the plaintiff pays all costs incurred after the offer. After determination of liability, defendant may make another offer of judgment within ten (10) days of the damages hearings, with the same effect as an offer made before trial.

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Ala. R. Civ. P. 68(dc)

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(dc) District Court Rule. Rule 68 applies in the district courts except that the time period of fifteen (15) days is reduced to fourteen (14) days and the time period of ten (10) days is reduced to seven (7) days.

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28 U.S.C. 1738

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Full Faith & Credit for Statutes and Judicial Proceedings

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28 U.S.C. 1738A

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Full Faith & Credit for Child Custody Determinations

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28 U.S.C. 1738B

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Full Faith & Credit for Child Support Orders

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28 U.S.C. 1738C

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Non-recognition of Same Sex Relationships

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28 U.S.C. 1739

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Full Faith & Credit of Nonjudicial Records

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28 U.S.C. 1740

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Copies of Consular Papers

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28 U.S.C. 1741

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Foreign Official Documents

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28 U.S.C. 1961

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Interest

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28 U.S.C. 1962

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Lien

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28 U.S.C. 1963

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Registration of Judgments for Enforcement in Other Districts

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28 U.S.C. 1964

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Lis Pendens

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Ala. Code 6-9-190 thru 6-9-196

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Revival of Judgments

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Ala. Code 6-9-210 thru 6-9-212

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Registration of Judgments

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Ala. Code 6-9-230 thru 6-9-238

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Uniform Enforcement of Foreign Judgments Act

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Ala. Code 8-8-10

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Interest

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Ala. Code 35-4-130 thru 35-4-139

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Lis Pendens