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Alabama Rules of Appelate Procedure Amended Effective October 1, 2019

The Alabama Rules of Appellate Procedure were amended effective October 1, 2019.  (Order dated July 1, 2019 ) Most significantly, the notice of appeal in both civil and criminal cases may now be filed electronically with the trial court clerk through the trial court’s electronic-filing system. Ala. R. App. P. 3(a)(1), (2).  “If the notice of appeal is filed electronically, under Rule 3(d)(3), the clerk of the trial court may serve the notice of appeal electronically on the appropriate appellate court, the parties registered in the trial court’s electronic-filing system, and the court reporter.” See Court Comment to Ala. R. App. P. 3(d)(3).  Rule 3(e) was amended to require that “[a]n electronically filed notice of appeal shall be accompanied by an electronically filed docketing statement.” 

When a Notice of Appeal is correctly e-filed, AlaFile will notify the respective appellate and trial court by of this e-filing by email. AlaFile will generate a courtesy e-notice to all registered parties of AlaFile.  Alafile will send a courtesy copy to the Circuit Clerk’s Office of the trial court where the Notice of Appeal was e-filed and will generate a Case Action Summary entry. Amended Rules 12(a), 35A(a)(1), and 35A(b) are consistent with the amendments to Rule 3(a), (d), and (e).  They require the appellant to pay the docket fee to the clerk of the appropriate appellate court within seven days of the electronic filing of the notice of appeal. Forms ARAP-1, ARAP-24, and ARAP-25 have been revised accordingly.

If a Notice of Appeal to a State Appellate Court is paper filed, then the traditional paper process still applies. When a Notice of Appeal is paper filed, the Circuit Clerk’s Office will continue accepting and sending payment to the appropriate Appellate Court Clerk. Questions? Contact us at http://www.attorneysinsurancemutual.com or visit www.alacourt.gov.

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