Alabama Claims Process

Report 2 Downloads 193 Views
Alabama Claims Process

Alabama Courts with Jurisdiction Over Civil Matters

AL

Small Claims Courts jurisdiction if the amount in controversy does not exceed $3,000. District Courts jurisdiction if the amount in controversy exceeds $3,000, but does not exceed $10,000. Circuit Courts general jurisdiction over most legal matters. Can exercise jurisdiction over matters in which the amount in controvery exceeds $3,000; exclusive jurisdiction over matters in which the amount in controversy exceeds $10,000. The Court of Civil Appeals jurisdiction over appeals where the amount in controversy does not exceed $50,000. The Supreme Court of Alabama: the state’s highest court; has authority to review lower court’s decisions; also has authority to review matters where the amount in controversy exceeds $50,000.

Circuit Courts

$3,000

$10,000

Small Claims Courts

District Courts

The Supreme Court of Alabama

$50,000

$50,000

The Court of Civil Appeals

Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 30 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.

Discovery

After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:

Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.

Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.

Trial

Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.

Trials can take from 1 Day

If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.

to 2 Weeks

Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in Alabama.

 (800) 922-8411  (803) 359-6194

 http://www.walkermorgan.com

Copyright © Walker Morgan, LLC