Experiencing Technical Difficulties? Ala R. Jud. Admin. 44 Soon Will Provide Relief
- Attorneys Insurance Mutual
- Aug 28
- 2 min read
At one time or another, many lawyers find themselves forced to make an up-to-the deadline filing in the trial court. While exceedingly rare, technology sometimes fails us, and we are unable to timely file. It is always better to have our cases decided on their merits, rather than on errors. So, what is one to do when the court filing system goes down, or they experience a sudden server failure or internet outage, or some other catastrophic technical failure occurs? Effective September 1, 2025, relief will be available under very limited circumstances.
On July 22, 2025, the Alabama Supreme Court approved an amendment to Alabama Rule of Judicial Administration 44, providing a narrow exception allowing litigants the ability to request a very limited extension of time deadlines when they encounter a technical problem in nonappellate cases. Rule 44(B) now states that, “[i]f a party misses a filing deadline because of a technical inability to electronically file a document, the party must file the document within the time prescribed in this rule, accompanied by a motion to accept the document as timely filed, before the court will accept the document.” This motion must be filed no later than the first day on which the court is open for business following the filing deadline. The rule requires the motion to include a declaration stating the reason(s) the deadline was missed and requesting that the document be accepted as timely filed. If the court grants the motion and accepts the document as timely filed, it will be deemed filed on the date the court grants the motion.
A couple of important notes: This rule does NOT extent the statutes of limitations or repose or any other statutory deadline. The rule does NOT apply in appellate cases. Rule 57(k), Ala. R. App. P., already addresses technical difficulties when filing electronically in appellate cases.
Key takeaways: If you encounter a technical difficulty in the trial court that prevents you from filing timely:
File your document, along with a motion to accept it as timely filed.
Include a declaration stating the reason you missed the deadline. Request the document be accepted as timely filed.
File it the next business day after the deadline.
About the Author
Sharon Stuart, President & Claims Counsel
Attorneys Insurance Mutual of the South