This is a Motion for Substitution of Parties filed in the circuit court. This sample motion is a request for substitution made by the administratrix of an estate.
Alabama Motion for Substitution
Category:
State:
Alabama
Control #:
AL-1000A
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Alabama Motion for Substitution is a legal document used in civil litigation. It allows a party to request the court to replace one party in a lawsuit with another. This is often necessary when a party has died or has become unable to continue in the case. The motion ensures that the legal proceedings can continue without interruption, allowing for justice to be served.
How to complete a form
To complete the Alabama Motion for Substitution, follow these steps:
- Begin with the title of the motion and the court name.
- State the names of the plaintiffs and defendants involved.
- Fill in the civil action number assigned by the court.
- Provide a brief statement regarding the reason for the substitution.
- Attach any necessary documents, such as letters of administration if applicable.
- Include a certificate of service to show that all parties have been notified.
Who should use this form
The Alabama Motion for Substitution is intended for individuals who find themselves in a situation where a party involved in a lawsuit has died, or is unable to continue participating. This form is typically used by the appointed personal representative of the deceased's estate or a legal heir looking to continue the litigation.
Key components of the form
The essential components of the Alabama Motion for Substitution include:
- The title and heading of the motion.
- The identification of the case, including plaintiffs and defendants.
- A statement of the reason for the substitution.
- Documentation proving authority, such as letters of administration.
- A signature from the attorney representing the movant.
Benefits of using this form online
Utilizing the Alabama Motion for Substitution online offers several advantages:
- Accessibility: Users can access the form anytime, from anywhere.
- Convenience: Forms can be easily filled out and submitted without the need for physical copies.
- Guidance: Online platforms often provide instructions and tips to help users complete the form accurately.
- Time-saving: Instant download options allow for quick preparation and filing.
Common mistakes to avoid when using this form
When completing the Alabama Motion for Substitution, be cautious of the following common errors:
- Neglecting to attach the required supporting documents.
- Failing to properly notify all parties involved.
- Using incorrect case numbers or names.
- Not signing the form or providing contact information for the attorney.
What documents you may need alongside this one
When filing the Alabama Motion for Substitution, you may need the following documents:
- Letters of administration if the party being substituted is deceased.
- Death certificate or any relevant documents proving the party's death.
- Documentation of any notices sent to the involved parties.
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FAQ
(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).
A Motion for Substitution may be made by any party or by the descendant's successor or representative. It permits a party to substitute into an adversary proceeding or contested matter as a party if any of the following circumstances exist in a case:If a party dies and the claim is not extinguished.
Subtitution of counsel is usually filed when court records show that one attorney represents you, and another attorney is stepping in to replace that attorney.
So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.
A party shall not propound more than forty (40) interrogatories to any other party without leave of court. Upon motion, and for good cause shown, the court may increase the number of interrogatories that a party may serve upon another party.
Anyone can file the Substitution of Attorney form with the court. There is no court rule or code section mandating who should file it.
(1) Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative.A statement noting death must be served in the same manner.
Interrogatory answers, in order to be used as substantive evidence at trial, must be introduced into evidence as part of the record.One procedure for admitting the answers, after securing the court's permission, is to read the questions and answers before the jury so that they are in the trial transcript.
The interrogatories must not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause.