Appellate Law

Changes To Alabama Appellate Rules Go Into Effect October 1, 2010

By Ivan B. Cooper

Some important changes to the Alabama Rules of Appellate Procedure go into effect on October 1, 2010.  Some of the changes include:

1.  Appellants no longer have to send a second copy of the record to the appellate court, rescinding Ala. R. App. P. 11(a)(4).

2.  You can now file briefs via carriers other than the United States Postal Service.  The new Ala. R. App. P. 25(a)(3)(A)(ii) tracks the federal appellate "mailbox" rule, allowing filing through a third party carrier if the document is given to carrier on or before due date and is filed in the clerk's office within three calendar days of the party's delivery of the document to the carrier.

3.  The number of copies which must be sent to Supreme Court has changed.  Now, you must send an original and nine copies (total of 10).  Ala. R. App. P. 31(b).

4.   The "Interim Electronic Filing and Service Rule" is now codified as Ala. R. App. P. 57.

For a complete set of the changes, click here.

Full post as published by Alabama Appellate Watch on September 24, 2010 (boomark / email).