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Home » Attorneys » FAQs Attorneys

Frequently Asked Questions

  • Why does the Rule 16 Scheduling Order establish a dispositive motion deadline before the end of the period allowed for discovery?
    Litigants before the Court are entitled to careful consideration of the issues by the Court. In order to give non-movants a reasonable time to respond and movants time to reply, final submission is approximately a month after the dispositive motion is filed. The Court must have sufficient time to fully and properly consider issues raised on a motion for summary judgment. The deadlines established in the Court's scheduling order insure achievement of these purposes. The judges try to resolve summary ...
  • 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.
  • As counsel of record, can I e-file a new case?
    No. The Alabama Middle District does not allow initial pleadings to be filed electronically. All new complaints and notices of removal must be conventionally filed in our court. Please remember that all conventional filings require ink signatures, and not e-signatures.
  • 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 box. Pleadings 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.
  • 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 file pro hac vice?
    ECF unregistered 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 ...
  • 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 ...
  • 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 $19 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 ...
  • 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 ...
  • How does the court accept Motions for PHV admission?
    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 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.
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