Take Note: Recent Amendments to the Alabama Rules of Civil Procedure
The Alabama Supreme Court recently amended several rules of civil procedure and the committee comments thereto. These amendments are both stylistic, so that the rules read similarly to the federal rules, and substantive. Lawyers handling civil cases in Alabama state courts should pay attention to the important substantive aspects of these amendments.
Rules 5, 11, and Form 93 (effective October 1, 2026)
Rule 5(a)(1)(E) no longer refers to a “designation of record on appeal” since the record on appeal is addressed in Alabama Rule of Appellate Procedure 10.
The remainder of these amendments deal mostly with litigation involving pro se litigants:
Rule 5(b)(2)(F) is added to include transmission by e-mail as a permitted method of serving a paper on an unrepresented party. Service is complete upon transmission of the email when this method of service is used. Rule 5(d)(3) is added to require a filer (i.e., represented or unrepresented) to include the filer’s address, e-mail address, and telephone number on any filed paper. If the filer does not have an email address, the filer must notify the clerk. The reason every filer is required to have an email address is to facilitate service of notices to unrepresented parties by e-mail, pursuant to Rule 77, and the service of pleadings and other papers on unrepresented parties by e-mail, pursuant to Rule 5(b)(2)(F).
The certification requirements and sanctions of Rule 11(b) and (c) have been amended to clearly apply to willful violations of the rule by unrepresented parties, as well as lawyers. Both represented parties and unrepresented parties are now potentially subject to sanctions, consistent with Federal Rule 11.
The Civil Cover Sheet (Form 93) now requires pro se litigants to provide their e-mail address when they file their pleadings and makes clear that they will receive only e-mail service of pleadings and orders.
Read a copy of the Supreme Court’s order with the new amendments effective October 1, 2026, here.
Rule 14 (effective October 16, 2026)
Rules 14(a)(2)(B) and (a)(3) reflect the distinction between compulsory and permissive counterclaims. Further, the amended rule changes the term “counterclaim” in former Rule 14(b) to “claim” and the limit imposed on the former reference to “counterclaim” is deleted. The rationale is that the plaintiff should be on equal footing with the defendant in making third-party claims, whether the claim against the plaintiff is asserted as a counterclaim or as another form of claim.
Rule 22 (effective October 16, 2026)
Under the prior rule 22, a party seeking interpleader had to deliver “money” to the court before seeking release from liability but could deliver “property” to a person other than the court, subject to the court’s direction.
The amendment allows the court to order either “money” or “property” to be deposited with, or delivered to, a person or entity other than the court. In this age of sophisticated financial vehicles such as tax-deferred retirement plans, diversified brokerage accounts and cryptocurrency, the amended rule gives the court discretion to determine how best to preserve the money or property involved.
Rules 71B(f) and 71C(f) (effective October 16, 2026)
Prior Rule 71B provided that the clerk may enter a judgment on an arbitration award. This rule allows the court to also enter a judgment on an arbitration award. This should be helpful in situations where the clerk fails to do so.
Read the amendments effective October 16, 2026, here.
About the Author
Sharon Stuart, President & Claims Counsel
Attorneys Insurance Mutual of the South
Sharon Stuart is President and Claims Counsel of Attorneys Insurance Mutual of the South, Inc., a bar-related attorney malpractice insurance company, which was formed out of the Alabama State Bar by attorneys for attorneys.
Sharon is a founding partner of Christian & Small LLP in Birmingham, where she practices complex insurance, business, and class action litigation.
She is a former President of the Alabama Defense Lawyers Association, past President of the Birmingham Bar Association, and is Chair of the Alabama Supreme Court Standing Committee on the Rules of Civil Procedure. Sharon serves on the Alabama State Bar’s Board of Bar Commissioners and the Board of Legal Specialization. Sharon is a Fellow of the Alabama Law Foundation, the Birmingham Bar Foundation, and the American Bar Foundation.
Sharon is the 2025 recipient of the Tony McLain Professionalism Award, which recognizes outstanding, long-term service in the advancement of professionalism by a living member of the Alabama State Bar.
