Get It Is Ordered That Rule 64a And Form 92, Alabama Rules Of

Motion to Dismiss–Rule 12(b). A defendant may move to dismiss a complaint for a variety of reasons. Some common grounds for dismissal are lack of jurisdiction over the subject matter and failure to state a claim upon which relief may be granted. Sometimes a defendant files a motion to dismiss before filing an answer.

This means that a Court may order your wages, money in a bank, sums owed to you, or other property belonging to you, to be paid into Court to satisfy a judgment against you.

The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with notice.

Stay of proceedings to enforce a judgment. 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.

ARCP 64(a) makes available all statutory procedures for seizure of person or property except to the extent that these laws are invoked for the purpose of recovery of a security interest in personal property prior to judgment.

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

Stay of proceedings to enforce a judgment. 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.

See generally, Note, Federal Rule 60(b); Relief from Civil Judgments, 61 Yale L.J. 76 (1952). Where a judgment is attacked by motion for fraud, newly discovered evidence, or mistake, etc., the motion must be made within a reasonable time and not more than four months after entry of the judgment.