Notice of Appearance - Alabama

NOTICE OF APPEARANCE BY COUNSEL

State of Alabama -- Circuit Court / District Court

(Alabama Administrative Office of Courts -- Sample Form 5 Format)

COURT HEADER AND CASE CAPTION

┌─────────────────────────────────────────────────────────────────────┐
│  IN THE [________________________________] COURT OF                 │
│  [________________________________] COUNTY, ALABAMA                 │
│                                                                     │
│  [________________________________],                                │
│       Plaintiff(s),                                                 │
│                                                                     │
│  vs.                              Case No. [______________________] │
│                                                                     │
│  [________________________________],                                │
│       Defendant(s).                                                 │
│                                                                     │
└─────────────────────────────────────────────────────────────────────┘

Select Court:

☐ Circuit Court
☐ District Court

Division (if applicable):

☐ Civil Division
☐ Domestic Relations Division
☐ Other: [________________________________]

NOTICE OF APPEARANCE BY COUNSEL

TO THE CLERK OF THE COURT AND ALL PARTIES AND COUNSEL OF RECORD:

PLEASE TAKE NOTICE that the undersigned attorney hereby enters an appearance in the above-captioned matter on behalf of [________________________________] ("Client"), pursuant to Alabama Rules of Civil Procedure, Rules 5(b) and 11(a), and hereby provides the following information:

1. ATTORNEY INFORMATION

2. CLIENT AND PARTY INFORMATION

The undersigned attorney enters this appearance on behalf of:

Client Name: [________________________________]

Client's Role in this Matter:

☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Counter-Claimant
☐ Intervenor
☐ Garnishee
☐ Other: [________________________________]

3. TYPE OF APPEARANCE

A. General Appearance

☐ General Appearance -- The undersigned enters a general appearance on behalf of the above-named Client and will represent the Client in all aspects of this matter. This appearance constitutes submission to the jurisdiction of this Court on behalf of the Client.

B. Special Appearance

☐ Special Appearance -- The undersigned enters a special appearance for the sole purpose of:

☐ Contesting personal jurisdiction under Ala. R. Civ. P. 12(b)(2)
☐ Contesting insufficiency of process under Ala. R. Civ. P. 12(b)(4)
☐ Contesting insufficiency of service of process under Ala. R. Civ. P. 12(b)(5)
☐ Moving to dismiss for improper venue under Ala. R. Civ. P. 12(b)(3)
☐ Other jurisdictional challenge: [________________________________]

CAUTION: Under Alabama law, a special appearance must be filed before or simultaneously with any other pleading or motion. Participating in proceedings beyond the scope of the special appearance may result in waiver and conversion to a general appearance.

C. Limited Scope Representation

☐ Limited Scope Appearance -- Pursuant to Alabama Rules of Professional Conduct, Rule 1.2(c), the undersigned enters a limited appearance. The scope of this representation is limited to:

☐ Specific hearing or proceeding on [__/__/____]
☐ Specific motion(s): [________________________________]
☐ Discovery phase only
☐ Settlement negotiations and mediation only
☐ Trial only
☐ Post-judgment enforcement only
☐ Other specific limitation: [________________________________]

Description of limitation: [________________________________]

Anticipated termination date (if known): [__/__/____]

4. ELECTRONIC SERVICE AND ALAFILE REGISTRATION

Pursuant to Alabama Rules of Judicial Administration, Rule 44, and the Chief Justice's Administrative Order mandating electronic filing:

☐ The undersigned IS REGISTERED with the AlaFile e-filing system and consents to electronic service. Electronic notices of filing generated by AlaFile shall constitute service on the undersigned pursuant to Ala. R. Jud. Admin. 44.

☐ The undersigned IS IN THE PROCESS OF REGISTERING with AlaFile and will complete registration within [____] days.

☐ The undersigned CLAIMS EXEMPTION from mandatory AlaFile e-filing (specify basis): [________________________________]

AlaFile E-Service Email: [________________________________]

IMPORTANT: AlaFile e-filing is mandatory for all attorneys filing in Alabama circuit and district courts statewide. When a document is e-filed through AlaFile, the system automatically sends a "notice of electronic filing" to all registered counsel, which constitutes service of the document.

5. SUBSTITUTION OR ADDITIONAL COUNSEL

☐ This is a new appearance -- no prior counsel has appeared for this Client.

☐ This is an additional appearance -- the undersigned is appearing as co-counsel alongside: [________________________________] (ASB-[________________________________]).

☐ This is a substitution of counsel -- the undersigned is replacing:

A separate Notice of Substitution of Counsel is being filed concurrently, consistent with applicable requirements.

☐ Client previously appeared pro se. The undersigned now enters an appearance to replace the Client's self-representation pursuant to Ala. Code § 34-3-22.

6. PRO HAC VICE ADMISSION (Out-of-State Attorneys)

☐ Not applicable -- attorney is a member in good standing of the Alabama State Bar.

☐ The undersigned out-of-state attorney seeks to appear pro hac vice pursuant to Rule VII of the Rules Governing Admission to the Alabama State Bar.

Pro Hac Vice Requirements (Alabama State Bar Rule VII):

☐ A Verified Application for Admission to Practice Pro Hac Vice has been filed with this Court.
☐ The application fee of $300.00 has been submitted to the Alabama State Bar.
☐ The annual certification fee of $100.00 has been submitted (effective October 1, 2020 amendment).
☐ A separate fee of $25.00 has been submitted to the Alabama State Bar Client Security Fund.
☐ A Certificate of Good Standing from the home state bar is attached.
☐ The applicant is of good moral character and familiar with Alabama legal ethics.

Required Local Counsel:

Local counsel obligations under Rule VII: Local counsel's name must appear on all notices, orders, pleadings, and other documents filed in the cause. Local counsel must personally appear and participate in all pretrial conferences, hearings, trials, and other proceedings conducted in open court, unless specifically excused by the court.

7. SERVICE REQUEST

The Clerk of the Court and all counsel of record are respectfully requested to direct all future pleadings, motions, notices, orders, and other communications to the undersigned at the address, email, and/or AlaFile account identified in Section 1 above.

8. SIGNATURE BLOCK

DATED: [__/__/____]

Respectfully submitted,

[________________________________]
(Law Firm Name)


By: ________________________________________
    [________________________________]
    ASB-[________________________________]
    Attorney for [________________________________]

Address: [________________________________]
         [________________________________], AL [________]
Phone:   [________________________________]
Email:   [________________________________]

9. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this NOTICE OF APPEARANCE BY COUNSEL was filed electronically using the AlaFile system, which will automatically send notification to all registered counsel of record, and/or was served upon the following parties by the method(s) indicated, in accordance with Ala. R. Civ. P. 5(b):

________________________________________
[________________________________]
ASB-[________________________________]

PRACTITIONER NOTES AND GUIDANCE

Alabama Court Structure

Alabama has a unified court system consisting of 41 judicial circuits with Circuit Courts (general jurisdiction) and 67 District Courts (limited jurisdiction, one per county).

AlaFile E-Filing System

• Mandatory: AlaFile e-filing is mandatory for all attorneys in all civil cases statewide.
• Registration: Register at https://www.alacourt.com. New attorneys must create an account before filing their first document.
• Service: The emailing of the AlaFile "notice of electronic filing" constitutes service on all registered counsel.
• Filing Time: Documents filed electronically before 11:59 PM Central Time are considered filed that day.
• Pro Se Parties: Parties not registered with AlaFile must still be served by traditional methods (mail, hand delivery, etc.).

Appearance vs. Answer Deadlines

• Filing a Notice of Appearance does NOT extend the 30-day deadline to file an Answer or responsive pleading under Ala. R. Civ. P. 12(a).
• If appearing for a defendant who has been served, confirm the answer deadline immediately. Alabama provides 30 days after service for the defendant's answer (Ala. R. Civ. P. 12(a)(1)).

Special Appearance Practice

• Alabama still recognizes special appearances for jurisdictional challenges under Rule 12(b).
• A special appearance must be filed before or concurrently with any responsive pleading.
• Taking action inconsistent with a limited or special appearance (e.g., filing counterclaims, participating in discovery on the merits) may waive the jurisdictional objection.

Withdrawal of Counsel

• An attorney seeking to withdraw must file a motion for leave to withdraw and serve it on the client and all parties.
• The court will generally grant withdrawal if: (1) another attorney is substituting; (2) the client consents; or (3) good cause is shown.
• Withdrawal is not effective until the court enters an order granting it.

Alabama State Bar Attorney Codes

• Alabama uses the format "ASB-" followed by a four-digit code assigned upon admission.
• All pleadings must include the attorney's ASB number per Ala. R. Civ. P. 11(a).
• When using AlaFile, the "Attorneys Besides Filer" checkbox allows additional attorneys to enter their appearance in the case by inputting their attorney code.

Filing Fees and Costs

Service Methods Under Ala. R. Civ. P. 5(b)

Common Errors to Avoid

1. AlaFile Registration Delay: Register with AlaFile well before your first filing. Processing may take time, and you cannot e-file without an active account.
2. Missing ASB Number: Every pleading must include the attorney's ASB number in the format "ASB-XXXX." Omission violates Ala. R. Civ. P. 11(a).
3. Confusing Appearance with Answer: A Notice of Appearance does not constitute a responsive pleading and does not extend the 30-day answer deadline.
4. Waiver of Jurisdictional Objection: Filing a general appearance or taking action on the merits while purporting to make a special appearance will waive the jurisdictional objection.
5. Failure to Serve Unregistered Parties: AlaFile only serves registered users. Pro se parties and unregistered counsel must be served by traditional methods.
6. Pro Hac Vice Without Local Counsel: Out-of-state attorneys cannot appear without associating Alabama local counsel. Local counsel must appear at all proceedings unless specifically excused.

Major Alabama Circuit Courts

Key Practice Tips

1. District-to-Circuit Transfer: When a case is removed from District Court to Circuit Court, verify that appearance information carries over after docket transfer. You may need to file a new appearance in Circuit Court.
2. Courtesy Copies: Check standing orders in your circuit for whether courtesy copies to the presiding judge are required.
3. Domestic Relations: In domestic relations cases, additional information sheets or cover sheets may be required with the notice of appearance.
4. Government Entities: When appearing for a governmental entity, include the entity's statutory notice information as required by Ala. Code § 6-5-20 (State) or § 11-47-190 (municipalities).
5. Proof of Service: Retain all AlaFile confirmation emails and any other proof of service for contested service issues.
6. 41 Circuits: Alabama has 41 judicial circuits covering all 67 counties. Some circuits cover multiple counties. Confirm you are filing in the correct circuit.
7. Sample Form 5: The Alabama Administrative Office of Courts provides a Sample Form 5 (Notice of Appearance by Counsel) through its e-forms system. This official form may be preferred or required by some clerks.
8. Attorney Employment Provisions: Per Ala. R. Civ. P. 5(a), any provisions limiting the period of the attorney's employment and names of authorized agents must be included in the notice of appearance or noted on the record.

SOURCES AND REFERENCES

• Alabama Rules of Civil Procedure: https://judicial.alabama.gov/library/CivilProcedure
• Alabama Sample Form 5 (Notice of Appearance): https://eforms.alacourt.gov/civil-forms/civil-forms/
• AlaFile User Manual: https://www.alacourt.gov/docs/AlaFile-UserManual.pdf
• Alabama State Bar Pro Hac Vice: https://www.alabar.org/admissions/pro-hac-vice/
• Rule VII (Pro Hac Vice Admission): https://admissions.alabar.org/rule-7