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62 Cards in this Set
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Ala. R. Civ. P. 16
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Rule 16 "Pretrial Conferences; Scheduling; Management." (a) Pretrial Conferences; Objectives (b) Scheduling and Planning. (c) Subjects to Be Discussed at Pretrial Conferences. (d) Final Pretrial Conference (e) Pretrial Orders. (f) Sanctions. (dc) District Court Rules
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Ala. R. Civ. P. 40
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Assignment of Cases for Trial. (a) Setting of Cases. (b) Notice. (dc) District Court Rule
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Ala. R. Civ. P. 42
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Consolidation: Separate Trials (a) Consolidation; (b) Separate Trials; (dc) District Court Rule
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Ala. R. Civ. P. 26
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General Provisions Governing Discovery (a) Discovery Methods. (b) Discovery Scope and Limits. (c) Protective Orders. (d) Sequence and Timing of Discovery. (e) Supplementation of Responses. (f) Discovery Conference. (dc) District Court Rule.
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Ala. R. Civ. P. 45
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Subpoena. (a) Form; issuance. (b) Service. (c) Protection of Persons Subject to Subpoenas. (d) Duties in Responding to Subpoena. (e) Contempt. (dc) District Court Rule.
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Ala. R. Evid. 502
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Attorney-Client Privilege
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Ala. R. Evid. 503
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Psychotherapist-Patient Privilege
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Ala. R. Evid. 503A
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Counselor-Client Privilege
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Ala. R. Evid. 504
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Husband-Wife Privilege
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Ala. R. Evid. 505
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Communications to Clergymen
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Ala. R. Evid. 506
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Political Vote
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Ala. R. Evid. 507
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Trade Secrets
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Ala. R. Evid. 508
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Secrets of State and Other Official Information
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Ala. R. Evid. 509
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Identify of Informer
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Ala. R. Evid. 510
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"Waiver of Privilege by Voluntary Disclosure." A person upon whom these rules confer a privilege against disclosure waives the privilege if the person or the person's predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This rule does not apply if the disclosure itself is privileged.
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Ala. R. Evid. 511
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"Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege." A claim of privilege is not defeated by a disclosure which was (a) compelled erroneously or (b) made without opportunity to claim the privilege.
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Ala. R. Evid. 512A
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"Comment Upon or Inference From Claim of Privilege in Civil Cases." Judge's commentary and appropriate inferences are permitted for parties and forbidden for non-parties in a civil case.
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Ala. R. Civ. P. 27
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"Discovery Before Action or Pending Appeal." (a) "Before Action." (b) "Pending Appeal." (c) "Perpetuation by Action."
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Ala. R. Civ. P. 28
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"Persons Before Whom Depositions May be Taken." (a) "Depositions Taken Within the United States to Be Used in This State. " (b) "Depositions Taken in Foreign Countries to Be Used in This State. " (c) "Depositions Taken Within This State to Be Used Outside This State." (d) "Disqualification for Interest." (dc) District Court Rule.
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Ala. R. Civ. P. 29
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"Stipulations Regarding Discovery Procedure." Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery. (dc) District Court Rule. Rule 29 applies in the district courts.
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Ala. R. Civ. P. 30
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Depositions Upon Oral Examination. (a) "When depositions may be taken." (b) "Notice of examination; general requirements; special notice; videotaping or other equivalent technology; procurement of documents and things; deposition of organization." (c) "Examination and cross-examination; record of examination; oath; objections." (d) "Motion to terminate or limit examination." (e) "Submission to witness; changes; signing." (f) "Certification and filing by officer; exhibits; copies; notice of filing." (g) "Failure to attend or to serve subpoena; expenses." (dc) "District court rule."
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Ala. R. Civ. P. 31
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"Depositions Upon Written Questions" (a) "Serving Questions; Notice." (b) "Officer to Take Responses and Prepare Record." (c) "Notice of Filing." (dc) "District Court Rule."
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Ala. R. Civ. P. 32
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"Use of Depositions in Court Proceedings" (a) "Use of Depositions." (b) "Objections to Admissibility." (c) [Omitted] (d) "Effect of Errors and Irregularities in Depositions." (dc) "District Court Rule."
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Ala. R. Civ. P. 33
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"Interrogatories to Parties." (a) "Availability; Procedures for Use." (b) "Scope; Use at Trial." (c) "Option to Produce Business Records." (d) "Form of Interrogatories and Answers." (dc) "District Court Rule."
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Ala. R. Civ. P. 34
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"Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes." (a) "Scope." (b) "Procedure." (c) "Persons Not Parties." (dc) "District Court Rule."
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Ala. R. Civ. P. 37
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"Failure to Make Discovery: Sanctions." (a) "Motion for Order Compelling Discovery." (b) "Failure to Comply With Order." (c) "Expenses on Failure to Admit." (d) "Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection." (e & f) [Omitted.] (g) "Electronically stored information." (dc) "District Court Rule."
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Ala. R. Civ. P. 35
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Physical and Mental Examination of Persons (a) Order for Examination; (b) Report of Examiner; (dc) District Court Rule
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Ala. R. Civ. P. 36
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"Requests for Admission." (a) "Request for Admission." (b) "Effect of Admission." (dc) "District Court Rule."
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Ala. R. Civ. P. 44
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"Proof of Documents." (a) "Authentication." (b) "Lack of Record." (c) "Other Proof." (d) "Original Documents." (e) "Documentsw Recorded Under Recording Act." (f) "Judgments." (g) "Books, Maps, etc., as Evidence." (h) "Business Entries." (i) "Proof of Private Documents." (j) "Proof of Handwriting." (dc) "District Court Rule."
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Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
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The "Service" Convention, convention #14.
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Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
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The "Apostille" Convention, convention #12.
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Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters
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The "Taking of Evidence" Convention, convention #20.
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Alabama Secretary of State - Authentication of Documents
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"How-to" website for State of Alabama authentication of documents.
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U.S. State Department - Authentication of Documents
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"How-to" website for United States authentication of documents.
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Ala. R. Civ. P. 38
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"Jury Trial of Right." (a) "Right Preserved." (b) "Demand." (c) "Same: Specification of Issues." (d) "Waiver." (dc) "District Court Rule."
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Ala. R. Civ. P. 39
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"Trial by Jury or by the Court." (a) "By Jury." (b) "By the Court." (c) "Advisory Jury and Trial by Consent." (dc) "District Court Rule."
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Ala. R. Civ. P. 47
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"Jurors." (a) "Examination of Jurors." (b) "Selection of Jurors and Alternate Jurors." (c) "Multiple Claims, Parties, and Actions." (dc) "District Court Rule."
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Ala. R. Civ. P. 48
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Juries of Less Than Twelve--Majority Verdict. The parties may stipulate that the jury shall consist of any number less than twelve (12) or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.
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Ala. R. Civ. P. 49
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"General Verdicts, Special Verdicts, and Interrogatories." (a) "General Verdicts." (b) "Special Verdicts." (c) "General Verdict Accompanied by Answer to Interrogatories." (d) "Court to Provide Attorneys with Questions or Interrogatories." (dc) "District Court Rule."
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Ala. R. Civ. P. 51
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Instructions to Jury: Objection, which does not apply to district courts; At or before the close of the evidence any party may file and serve on all opposing parties written requests for jury instructions. The court shall designate these instructions as "given" or "refused." No party may assign as error the giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge unless that party objects thereto before the jury retires to consider its verdict, stating the matter objected to and the grounds of the objection. Opportunity shall be given to make the objection out of the hearing of the jury. In charging the jury, the court shall not express its opinion of the evidence.
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Ala. R. Civ. P. 52
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Findings by the Court; Judgment on Partial Findings (a) Effect; (b) Amendment; (c) Judgment or Partial Findings; (dc) District Court Rule
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Ala. R. Civ. P. 50
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Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings (a) Judgment as a Matter of Law; (b) Renewal of Motion for Judgment After Trial; Alternative Motion for New Trial; (c) Same: Conditional Rulings on Grant of Motion for Judgment as a Matter of Law; (d) Same: Denial of Motion for Judgment as a Matter of Law; (dc) District Court Rule
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Ala. R. Civ. P. 55
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Default (a) Entry; (b) Judgment; (c) Setting Aside Default; (d) Plaintiffs, Counterclaimants, Cross-Claimants; (e) Proof Required Despite Default in Certain Cases; (dc) District Court Rule
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Ala. R. Civ. P. 59
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"New Trials; Amendment of Judgments." (a) "Grounds." (b) "Time for Motion." (c) "Time for Serving Affidavits." (d) "On Initiative of Court." (e) "Motion to Alter, Amend, or Vacate a Judgment." (f) "Remittitur." (g) "Presentation of Motions Not Required." (dc) "District Court Rule."
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Ala. R. Civ. P. 59.1
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Disposition of Motion for New Trial and Other Post-Trial Motions No postjudgment motion filed pursuant to Rules 50, 52, 55, or 59 shall remain pending in the trial court for more than ninety (90) days, unless with the express consent of all the parties, which consent shall appear of record, or unless extended by the appellate court to which an appeal of the judgment would lie, and such time may be further extended for good cause shown. A failure by the trial court to render an order disposing of any pending postjudgment motion within the time permitted hereunder, or any extension thereof, shall constitute a denial of such motion as of the date of the expiration of the period.
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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. 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. 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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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. 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. 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. 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. 56
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Summary Judgment (a) For Claimant; (b) For Defending Party; (c) Motion and Proceedings Thereon; (d) Case Not Fully Adjudicated on Motion; (e) Form of Affidavits; Further Testimony; Defense Required; (f) When Evidentiary Matter is Unavailable; (g) Affidavits Made in Bad Faith; (dc) District Court Rule
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Ala. R. Civ. P. 64
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Seizure of Person or Property (a) Seizure of Person or Property; (b) Procedure for Seizure of Property; (dc) District Court Rule
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Ala. R. Civ. P. 64A
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Notice to Defendant of Right to Claim Exemption From Garnishment
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Ala. R. Civ. P. 64B
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Contest of Claim of Exemption--Garnishment of Money, Choses in Action or Personal Property
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Ala. R. Civ. P. 66
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Receivers. An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with §§ 6-6-620 through 6-6-628, Code of Alabama 1975, and with the practice heretofore followed in the courts of this state or as provided in rules promulgated by the Supreme Court of Alabama. In all other respects the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by these rules.
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Ala. R. Civ. P. 67
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Deposit in Court. Someone who thinks they'll lose money in court may deposit it with the court
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Ala. R. Civ. P. 69
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Execution (a) Procedure; (b) Writ of Execution; Notice of Judgment Debtor; (c) Service of Writ and Notice; (d) Claim of Examption; (e) Contesting a Claim of Exemption; (f) No Contest Filed; (g) Discovery; (dc) District Court Rule
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Ala. R. Civ. P. 70
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Judgment for Specific Acts; Vesting Title. The court can force a change in ownership of property and charge it to the noncompliant party.
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Ala. R. Civ. P. 70A
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Contempt in Civil Cases (a) Scope of Rule and Definitions; (b) Summary Disposition of Direct Contempt Proceedings; (c) Disposition of Constructive Contempt Proceedings; (d) Failure to Appear; Issuance of Writ of Arrest; (e) Punishment for Criminal Contempt; Commitment in Cases of Civil Contempt; (f) Disqualification of Judge; (g) Review of Contempt Proceedings; (dc) District Court Rule
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Ala. R. Civ. P. 71
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Process in Behalf of and Against Persons Not Parties.
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