Alabama Motion for Review of Certification
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How to fill out Motion For Review Of Certification?
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FAQ
Rule 27(e) has been added to aid a party in obtaining expedited relief from an appellate court for an emergency (i.e., extraordinary circumstances in which waiting for the normal timing of the appellate process will be inadequate for some reason).
Rule 28 works a change in the form of briefs as the same has existed before under Alabama practice. Inasmuch as assignments of error are unnecessary, all of the machinery and paraphernalia for arguing briefs ing to assignments of error is also abolished. See Rule 20.
Statement of facts Rule 40 provides that if the court of appeals issues an opinion or unpublished memorandum containing a statement of facts and a party is not satisfied with the court's statement of facts, the party applying for rehearing ?may? include in his application a proposed additional or corrected statement of ...
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge.
Rule 52 attaches a presumption to the findings of a master to the extent that the trial court has adopted them. Under present Alabama practice, de novo appellate review is available when evidence has been taken before a commissioner.
Rule 52 attaches a presumption to the findings of a master to the extent that the trial court has adopted them. Under present Alabama practice, de novo appellate review is available when evidence has been taken before a commissioner.
Insofar as the motion to strike, sanctioned by Rule 12(f), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice.
