Alabama Substituted Agreement
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FAQ
Persons tasked with the serving process must state on the process that they are unable to serve a copy within thirty (30) days and return the process and any copies they received to the clerk, who will record this information on their docket sheet.
Thus, the effect of these two amendments is that a Rule 55(c) motion to set aside a default judgment can be ruled upon beyond the 30 days, but if not ruled upon within the 90 days allowed by Rule 59.1, will be deemed denied at the end of the 90-day period. The amendment is technical.
Substitution of parties. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.
A summons must be served at least 7 days before the court date if it is served by personal delivery, or 21 days before the court date if it is served by postal delivery. If a summons has not been correctly served, you are not obliged to appear in court in response to it.
The subpoena shall specify a reasonable time to comply of no less than fifteen (15) days after service unless the court orders otherwise and the manner of making the inspection, production, copying, testing, sampling, and performing the related acts.
If the person dies before the lawsuit is filed, then the personal representative files the lawsuit as the party. The lawsuit is filed in the name of the personal representative of the estate. It is not filed in the name of the dead person. The claim becomes an asset of the deceased's probate estate.
Alabama, however, has no licensing requirement, though it does require that process servers be at least 18-years of age and be appointed by the court to serve the papers in question. Outside of those two requirements, just about anyone can be a process server in Alabama.
In a civil suit, any of the party to the suit dies and if right to sue survive then the suit can be continued by the heirs or legal representative of the deceased party. If in any case where right to sue does not survive the suit will come to an end.
If a defendant is not served within 90 days after the complaint is filed, the courton motion or on its own after notice to the plaintiffmust dismiss the action without prejudice against that defendant or order that service be made within a specified time.
