What is Alabama Rule of appellate Procedure 34?
Asked by: Adela Crona | Last update: November 12, 2025Score: 4.5/5 (27 votes)
Visual aids and exhibits used only at argument shall be removed from the courtroom by counsel immediately following argument and taken to the appellate court clerk's office, unless the court otherwise directs.
What is Rule 34 appellate procedure?
If the appellee fails to appear for argument, the court must hear appellant's argument. If the appellant fails to appear for argument, the court may hear the appellee's argument. If neither party appears, the case will be decided on the briefs, unless the court orders otherwise.
What is the rule 34 in Alabama civil procedure?
DEPOSITIONS AND DISCOVERY Rule 34. Production of documents and things and entry up land for inspection and other purposes.
What is the rule of appellate procedure 35 in Alabama?
Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the appellant, unless otherwise agreed by the parties or ordered by the court; if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs shall be taxed ...
What is a reply brief in Alabama Rules of appellate Procedure?
(c) Reply brief. The appellant/petitioner may file a brief in reply to the brief of the appellee/respondent, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal.
How Appeals Work in Alabama
How do you write an appellate reply brief?
- address the respondent's issues or arguments one at a time.
- list each issue or argument under a separate heading or title.
- create a title for each issue or argument that is short and summarizes the appellant's point.
What is Rule 3 in Alabama Rules of appellate Procedure?
Failure of an appellant to take any step other than the timely filing of a notice of appeal with the clerk of the trial court does not affect the validity of the appeal, but is ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal.
What is Rule 26 in Alabama Rules of appellate Procedure?
The court for good cause shown may, upon motion, enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time; but the court may not enlarge the time for filing a notice of appeal, or a petition for permission to appeal; and the supreme ...
What is Rule 40 of Alabama Rules of appellate Procedure?
The rule specifically provides that an applicant for rehearing must file a new brief, and prohibits an application for rehearing by any party who did not submit an original brief. This would ordinarily have application only to an appellee in civil cases, or to both parties in criminal cases.
What is a Rule 35 plea deal?
Rule 35(b), as amended in 1987 as part of the Sentencing Reform Act of 1984, reflects a method by which the government may obtain valuable assistance from defendants in return for an agreement to file a motion to reduce the sentence, even if the reduction would reduce the sentence below the mandatory minimum sentence.
What does rule 34 mean in court?
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute. About LII.
What is the rule 33 in Alabama?
Rule 33(c) permits a party to make the underlying documentation available in lieu of preparation of a response based upon review and evaluation of the documents when burden of preparing the answer is substantially the same on both sides.
Can you refuse to be served papers in Alabama?
We know that individuals in Alabama can refuse service of process and that substitute service is available only to a co-residing family member who is 16+. We'll ensure your documents are delivered in accordance with Alabama service of process rules.
What must be filed before oral arguments are presented?
Prior to the argument, each side has submitted a legal brief—a written legal argument outlining each party's points of law. The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.
What is a demand for production of documents?
Answer. Definition: A written list of documents, electronic files, and audio and video recordings or physical things, submitted to a party from his or her adversary to inspect and copy the requested items and that have relevance to the issues in a lawsuit.
What is Alabama Rules of appellate Procedure 27?
Rule 27(e) has been added to aid a party in obtaining expedited relief from an appellate court for an emergency (i.e., extraordinary circumstances in which waiting for the normal timing of the appellate process will be inadequate for some reason).
What is the rule 44 in Alabama Rules of appellate Procedure?
Rule 44 carries forward the existing requirement that an affected governmental body or the Attorney General as the case may be shall be given notice when the validity of a statute, ordinance, etc., is drawn in question by a party on an appeal.
What is the rule 34 of the Federal Rules of appellate Procedure?
If the appellee fails to appear for argument, the court must hear appellant's argument. If the appellant fails to appear for argument, the court may hear the appellee's argument. If neither party appears, the case will be decided on the briefs, unless the court orders otherwise.
What is Rule 52 in Alabama Rules of appellate Procedure?
In any case involving a juvenile who has been the subject of a proceeding in the juvenile court system, a person granted youthful-offender status, a victim of child abuse, or a victim of a sex offense, the appellate court shall make reasonable efforts to preserve the anonymity of such a person.
What is the rule 57 in Alabama rules of appellate procedure?
Assembly and Transmission of Records to be E-Filed.
otherwise ordered by an appellate court, the clerk of the trial court shall prepare and e- file a record in each case appealed to an appellate court. All corrections or supplements to the record shall also be e-filed, unless otherwise directed by the appellate court.
What is Rule 10 in Alabama Rules of appellate Procedure?
No original papers, documents, or exhibits, and no juror questionnaires shall be included in the clerk's record unless ordered by the Court of Criminal Appeals, in which event any originals filed in that court shall be returned to the clerk of the trial court upon final disposition of the appeal.
What is Rule 31 Federal Rules of appellate Procedure?
The appellee must serve and file a brief within 30 days after the appellant's brief is served. The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing.
What is the rule 8 of the appellate procedure in Alabama?
Alabama Rules of Appellate Procedure Rule 8. Stay or injunction pending appeal. (a) Stay by supersedeas bond. The appellant shall not be entitled to a stay of execution of the judgment pending appeal (except as provided in Rule 62(e), Ala.
What is Rule 36 Federal Rules of appellate Procedure?
(2) if a judgment is rendered without an opinion, as the court instructs. (b) Notice. On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion—or the judgment, if no opinion was written—and a notice of the date when the judgment was entered.
What is the rule 21 in the Alabama Rules of appellate Procedure?
Rule 21(f) states that the pendency of a petition for a writ of mandamus or prohibition or another extraordinary writ does not automatically stay proceedings in the trial court. Instead, a party must move for a stay that may be granted by the trial court or the appellate court in which the petition is filed.