What is the rule 62 of the Alabama Rules of Civil Procedure?
Asked by: Leland Steuber V | Last update: May 23, 2025Score: 5/5 (45 votes)
Stay of proceedings to enforce a judgment. (a) Automatic stay; exceptions.
What is the Federal Rule of Civil procedure 62?
(a) Automatic Stay. Except as provided in Rule 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise. (b) Stay by Bond or Other Security.
How long do you have to respond to a lawsuit in Alabama?
A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon that defendant except when service is made by publication and a different time is prescribed under the applicable procedure.
What is rule 67 in the Alabama Rules of Civil procedure?
Amendment to Rule 67
67, which allow deposit even when the litigant claims all or any part of the fund. It further requires service of an order calling for deposit on the clerk so as to assure notice to the clerk of responsibilities as to the fund.
What is the rule 64 in Alabama Rules of Civil procedure?
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 62 - INTERPLEADER | REMEDIAL LAW REVIEW
What is the rule of civil procedure 62 in Alabama?
Stay of proceedings to enforce a judgment.
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.
What is the rule 56 of the Alabama Rules of Civil Procedure?
Summary judgment.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
What is Rule 59 in Alabama Rules of Civil Procedure?
New trials; amendment of judgments.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
What is the rule 65 in Alabama?
Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be accorded without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.
What is the rule 54 in Alabama Rules of Civil Procedure?
Judgments; costs. (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.
What is the maximum amount you can sue for in civil court in Alabama?
Fifteenth Judicial Circuit Court of Alabama
The maximum amount you may sue for is $6,000.00. Procedures are simple, informal and inexpensive. There are no juries and either party may appeal the judgment to Circuit Court.
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. Get your documents the first-class treatment they deserve.
How to file a civil lawsuit without a lawyer?
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
What is rule 62?
The Big Book of Alcoholics Anonymous discusses many steps that are involved in the recovery process. Rule 62 in recovery refers to the rule of “don't take yourself too damn seriously.” Someone in recovery doesn't always realize that they can relish their life again without the use of alcohol.
What is the rule 60 of civil procedure?
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 or without notice.
What is a Rule 12 motion to dismiss?
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
What is a Rule 32 petition in Alabama?
A post-conviction habeas corpus petition challenges a criminal conviction or sentence because it is illegal or unconstitutional. In Alabama, Rule 32 of the Alabama Rules of Criminal Procedure governs state post-conviction challenges to a conviction or sentence.
What is Rule 21 in Alabama Rules of Civil Procedure?
Rule 21 provides that: “Any claim against a party may be severed and proceeded with separately.” Confusion has sometimes arisen between a true severance and an order providing for separate trials pursuant to Rule 42(b).
What is the Rule 60 in Alabama Civil Procedure?
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 ...
What is Rule of Civil Procedure 70 in Alabama?
Rule 70A(a)(2)(D) defines “civil contempt” as a “willful, continuing failure or refusal of any person to comply with a court's lawful writ, subpoena, process, order, rule, or command that by its nature is still capable of being complied with. '”
What is the rule 19 in Alabama Rules of Civil Procedure?
Rule 19(b) provides criteria to guide the court's decision as to whether or not the action should proceed without the missing person. For example, relevant considerations include the extent to which the judgment rendered in his absence might be prejudicial to him or to those already Page 3 parties.
What is Rule Civil Procedure 55 in Alabama?
No judgment by default shall be entered against minors, incompetents, or parties to an action for divorce or annulment of marriage unless the claimant establishes the party's claim or right to relief by evidence.
What is Rule 22 Alabama Rules of Civil Procedure?
Interpleader. (a) Plaintiff or defendant. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability.
What is Rule 53 Alabama Rules of Civil Procedure?
Rule 53(c) regulates the powers of the master. The court may specify or limit the powers or invite findings on particular issues, or to report evidence only.
What is Rule 50 in Alabama Rules of Civil Procedure?
Under Rule 50, a motion for a directed verdict will be granted or denied in any situation where the peremptory charge would be granted or denied under present Alabama law.