The Alabama Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is a legal document used in domestic relations cases in the state of Alabama. This motion is typically filed by one party involved in a divorce or custody case to request that the court makes specific findings of fact and state conclusions of law regarding the issues at hand. Here is a detailed description of the Alabama Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations, along with relevant keywords: Keywords: Alabama, motion, specific findings of fact, state conclusions of law, domestic relations, divorce, custody, issues, court. 1. Purpose and Overview: The Alabama Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations serves the purpose of allowing a party involved in a divorce or custody case to request the court to provide specific findings of fact and conclusions of law. This motion aims to ensure that the court's decision is based on proper legal grounds and factual evidence, providing clarity and guidance for all parties involved. 2. Filing Process: The motion is typically filed by one of the parties involved in the domestic relations case or their legal representative. It should be filled out accurately and completely, including all relevant information and points of contention. The document must comply with the specific requirements set forth by the Alabama court to ensure its validity. 3. Importance of Findings of Fact: The motion emphasizes the importance of specific findings of fact as they serve as the court's determination of the truth or falsehood of certain allegations. These findings play a crucial role in establishing a factual basis for the court's conclusions and the resulting judgment. 4. Significance of Conclusions of Law: Conclusions of law refer to the legal principles applied by the court to the findings of fact, leading to the court's decision. These conclusions help ensure that the court's judgment aligns with applicable laws, statutes, and legal precedents relevant to domestic relations cases. Types of Alabama Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations: 1. Divorce Cases: This type of motion is commonly used in divorce cases, where parties may request the court to make specific findings of fact and conclusions of law regarding various aspects like property division, spousal support, child support, and child custody. 2. Child Custody Cases: In child custody cases, this motion can be filed to request the court's specific findings of fact and conclusions of law regarding aspects like the child's best interests, visitation schedule, parental fitness, and any allegations of abuse or neglect. 3. Modification or Enforcement Cases: Parties seeking modification or enforcement of an existing domestic relations order, such as a divorce or custody order, may file this motion to request the court to make specific findings of fact and draw appropriate conclusions of law based on the changed circumstances or non-compliance with the original order. It is important to note that while this is a general description of the Alabama Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations, the specific requirements and processes may vary depending on the local court rules and individual circumstances. It's advisable to seek professional legal advice when preparing and filing this motion to ensure compliance and the best possible outcome in your case.
Alabama Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
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No master except by express or implied waiver of the parties or the attorneys shall serve in any case wherein the master is interested or related to any of the parties, a stockholder of a party or an attorney of a party within the fourth degree of affinity or consanguinity.
Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.
Findings by the court. (1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.
As amended, Rule 412(a) bars evidence offered to prove the complaining witness engaged in "other sexual behavior" or to prove the complaining witness's "sexual predisposition." These terms are taken verbatim from Federal Rule 412(a)(1) and (2) and include evidence the former Alabama rule defined as "Evidence Relating ...
When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination ...
In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court shall similarly set forth the ...
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. Pierce v. Murphree, 274 Ala.
A new trial may be granted to all or any of the parties and (1) on all of the issues in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of Alabama; and (2) on all or part of the issues in an action tried without ...
