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Upon mailing, the attorney or party shall immediately file with the court an "Affidavit of Certified Mailing of Process and Complaint." That affidavit shall verify that a filed copy of the process and complaint or other document to be served has been mailed by certified mail in ance with this rule.
Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings.
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. See Harrison, Notes on Alabama Pleading?The Motion to Strike, 2 Ala.
R. F. The defendant shall file an answer in the office of the clerk within 14 days after a copy of the summons and complaint has been delivered to the defendant by the sheriff, constable, or other process server or by certified mail or commercial carrier.
Alabama Rules of Appellate Procedure Rule 12. Docketing of the appeal; docket fee; filing of the record. (a) Docketing the appeal and docket fee. The clerk of the trial court shall send to the clerk of the appellate court to which the appeal is taken a copy of the notice of appeal.
Rule 12(b) provides ?a party may assert the following defenses by motion.? The defendant has two options: 1) raise the defenses in a preliminary motion, or 2) raise the defenses in the answer, provided that they have not been waived by omission from a preliminary motion.
If either party disagrees with the decision, a Notice of Appeal form can be filed with the Clerk of the Small Claims Court within 14 days after the date the judgment is entered.
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.