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On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
Upon mailing, the attorney or party shall immediately file with the court an "Affidavit of Certified Mailing of Process and Complaint." That affidavit shall verify that a filed copy of the process and complaint or other document to be served has been mailed by certified mail in ance with this rule.
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.
Assignment of cases for trial. The clerk forthwith and, in no event more than three (3) days after a case has been placed on the trial docket, shall notify all out-of-county attorneys of record by personal service, or by mailing a letter or by mailing a copy of the docket of the court. (dc) District court rule.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
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.
Alabama circuit courts are of two types ? a bench trial and a jury trial. Bench trial involves only the judge, who makes the final decision on the verdict. In a jury trial, a panel of your peers will decide whether you are guilty or innocent. The jury is decided by the prosecutor and defendant in agreement.
Rule 59(a) provides that the grounds for a new trial are those sufficient for a new trial or rehearing under prior practice. In Alabama courts, in an action tried to a jury, a new trial can be granted for any of the reasons listed in Ala.