Alabama Jury Instruction - Forfeiture
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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 ...
Civ. P. 68, which establishes a procedure whereby the defendant in civil litigation is authorized to make an offer of judgment in an effort to settle the dispute. Such an offer, if not Page 2 accepted, is ?deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs.?
CACI No. 1001. Basic Duty of Care A person who [owns/leases/occupies/contr. person fails to use reasonable care to keep. safe condition. ... must use reasonable care to discover any. replace, or give adequate warning of anything. expected to harm others. In deciding whether [name of defendant.
What is Rule 68? Federal Rule of Civil Procedure 68 allows a defendant to make an offer of judgment at any point at least 14 days before trial.
Admissibility of evidence relating to complaining witness in prosecution for criminal sexual conduct. (a) Evidence Generally Inadmissible. The following evidence is not admissible in any prosecution for criminal sexual conduct except as provided in sections (b) and (c):
The companion federal rule requires an offer of judgment to be made at least 10 days before the trial begins and that it must be accepted or rejected within 10 days. In all other respects, the rule is based on Federal Rule 68. Alabama law has had no similar procedure whereby an offer of judgment may be made.
Civ. P. 67, which allow deposit even when the litigant claims all or any part of the fund. It further requires service of an order calling for deposit on the clerk so as to assure notice to the clerk of responsibilities as to the fund.