FAQs Attorneys

Frequently Asked Questions

As counsel of record, can I e-file a new case?

Yes.  Attorneys who are members of the Alabama Middle District's bar and who are fully registered with CM/ECF are permitted to electronically file new civil actions via the CM/ECF Attorney Case Opening option.  Alternatively, attorneys may email the new case proceedings to the Alabama Middle District.  Be advised that the new filing options do not replace conventional filing.

Please refer to the Attorney Case Opening page which contains additional materials to assist you in the process.

Does the Court accept pleadings via facsimile or email?

The Court does not accept pleadings via facsimile or email. You may file electronically through the ECF program, or conventionally. Only in very rare circumstances does the Court accept pleadings via facsimile or email, and before that is approved, either the Clerk of Court or the Chief Deputy Clerk must have authorized such a pleading. (See M.D. Ala. LR 5.3(d))

How can I file conventionally when the Clerk’s Office is closed?

After 5:00PM and before 8:00AM, pleadings may be filed conventionally at the Court’s drop box. The box is located on Church Street. Be sure to use the time stamp before placing your documents in the drop boxPleadings may also be mailed to the Clerk’s Office, but they will not be time stamped until the documents are received by the Clerk’s Office.

What are the costs for filing?

Please refer to the fee schedule for a listing of our Court's fees.

How does an attorney get admitted to practice in the District?

Any attorney who is admitted to practice before the Supreme Court of Alabama may be admitted to the Bar of this Court upon the submission of an application, payment of the prescribed admission fee, and (A) the order of a district judge of this Court (on oral or written motion by a member of the Bar of this Court or on the Court's own motion), and the administering of the prescribed oath before any judge (or other designee) of this Court; or (B) the filing of a certificate of good standing from the Clerk of the United States District Court located within the district in which the applicant resides or regularly practices law. Attorneys are required to renew their application for admission every five years by submission of an application and payment of the prescribed fee. (See M.D. Ala. LR 83.1)

How does one substitute, withdraw, or remove an attorney from a case?

Pursuant to our Court’s practice, any attorney wishing to be substituted, withdrawn, or removed from a case in our court should file an appropriate motion. In the event the attorney in question is unable to file this motion on their own behalf, please contact the Clerk’s office for more specific instruction.

How do I notify the court of a change in name, address, firm, and/or email address?

Pursuant to the ALMD Civil Administrative Procedures, attorneys must file a written notice of any name, address, or e-mail address changes in each active case in which they have appeared. Additionally, any ECF filer must also update their user account in the ECF system. This update must be effected prior to the electronic filing of the Notice(s) of Change of Address.

If the attorney does not have any active cases pending in this court, but has previously registered with the ECF system, then the attorney must update their user account in the ECF system.

If the attorney does not have any active cases pending in this court, and if the attorney has not registered with the ECF system, then the attorney may send a written change of address notice to the Clerk of Court. Upon receipt of the notice, the Clerk’s Office will update any necessary information.

How do I file to appear pro hac vice?

Non-ECF-registered attorneys applying to appear pro hac vice must file a motion/application for pro hac vice. This motion should include an original Certificate of Good Standing (less than six (6) months old) from another United States District Court where the attorney is admitted to practice, and the registration fee. The documents, along with payment of the requisite fee, must be delivered to the Clerk's Office in Montgomery.

ECF-registered attorneys who wish to enter a new pro hac vice appearance may electronically file (1) the motion/application for pro hac vice with supporting documentation, (2) a scanned PDF copy of the original Certificate of Good Standing, and (3) any other document(s) to be filed in the case. Their application fee should be overnighted to the Office of the Clerk; the fee is required for the application to be considered complete.

After leave to appear pro hac vice has been granted, the attorney shall have five (5) days -- if necessary -- to register for electronic filing.

How does the court accept Motions for PHV admission?

  1. In hard copy form (with an ORIGINAL INK signature), attached with the fee and a Certificate of Good Standing (less than six months old) from another federal court where the attorney is admitted to practice, OR
  2. The attorney may E-file the Motion for PHV (with the certificate of good standing attached) and send the fee via Overnight mail with a copy of the E-Filed Motion for PHV.

Is pro hac vice admission required if my case will become an MDL action?

Yes. Pursuant to Local Rule 83(1)(b)(4), attorneys who appear as counsel by filing any pleading, document or other papers in any case pending in this Court shall, contemporaneously with the filings of such papers, apply for admission pro hac vice.

How do I obtain a certificate of good standing?

A request for a Certificate of Good Standing must be made in writing and be accompanied by an $20 fee made payable to the Clerk, United States District Court.

The Clerk will verify the attorney's status as a member in good standing with the Bar of this Court and, if appropriate, will prepare a Certificate of Good Standing. The Certificate will be mailed to the requester, or can be obtained directly from the Clerk's Office.

Please note, a Certificate of Good Standing is not a substitution for an original Certificate of Admission. If you are seeking a duplicate Certificate of Admission, follow the same steps for obtaining a Certificate of Good Standing, but specify that you are requesting a duplicate Certificate of Admission.

Are there any requirements of form for filing summary judgement motions and briefs, such as page limitations or formatting restrictions for briefs or depositions?

Summary judgment motions are governed by Federal Rule of Civil Procedure 56 and the Court's Uniform Scheduling Order. There are no additional requirements.