Alabama Motion for Summary Judgment
Alabama requires the motion and supporting papers to be served at least 10 days before the hearing, while any opposing statement or affidavit is due only 2 days before that same hearing date, with both periods excluding intervening weekends and holidays under Rule 6(a)(2), and a claimant generally must wait 30 full calendar days after the case begins before filing.
Find out where you stand in Alabama
Which side of the motion are you on?
DocDraft provides document preparation, not legal advice.
Introduction
In Alabama, a claimant, meaning a plaintiff, counterclaimant, cross-claimant, or a party seeking declaratory judgment, may not move for summary judgment until 30 days after the action commences, or after the adverse party serves its own summary judgment motion, whichever is earlier; a defending party may move at any time (Ala. R. Civ. P. 56(a), (b)). Once filed, the motion, with all supporting materials, including any brief, must be served at least 10 days before the date fixed for the hearing, except that a court may hold the hearing on less than 10 days' notice with the consent of the parties (Ala. R. Civ. P. 56(c)(2)). Any statement or affidavit in opposition must be served at least 2 days before that hearing date, a deadline counted backward from the hearing rather than forward from service (Ala. R. Civ. P. 56(c)(2)). Both the 10-day notice period and the 2-day opposition period exclude intermediate Saturdays, Sundays, and legal holidays because each period is less than 11 days, while the 30-day claimant wait, being 11 days or more, counts every calendar day (Ala. R. Civ. P. 6(a)(2)). Alabama's Rule 56 sets no statewide cutoff for filing or hearing the motion before trial, unlike some states. The standard itself is that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law (Ala. R. Civ. P. 56(c)(3)), but the sufficiency of any opposing evidence is then tested under Alabama's statutory substantial evidence standard rather than the federal Celotex or Anderson formulation (Ala. Code section 12-21-12). That statute abolished Alabama's older scintilla rule of evidence for actions not pending as of June 11, 1987, and replaced it with a requirement that a party's position be supported by substantial evidence, including on a motion for summary judgment. The motion must be supported by a narrative summary of the facts the movant contends are undisputed, with specific references to the pleadings, discovery, or affidavits; that summary may be set out in the motion itself or attached as an exhibit, and Alabama does not use a mandatory two-column separate statement format (Ala. R. Civ. P. 56(c)(1)). If any affidavits are submitted, they must be made on personal knowledge, set out facts that would be admissible in evidence, and affirmatively show the affiant is competent to testify (Ala. R. Civ. P. 56(e)). An opposing party who disputes the facts must file its own statement in opposition, supported in the same narrative, record-cited manner, or may instead ask the court under Rule 56(f) to deny the motion or grant a continuance if it cannot yet present facts to justify its opposition. Rule 56(c)(3) allows an interlocutory summary judgment on the issue of liability alone even when the amount of damages remains genuinely disputed, and Rule 56(d) lets the court, when full judgment is not warranted, specify at the hearing which material facts are not genuinely controverted so those facts are deemed established at trial. District court practice under Rule 56(dc) shortens the claimant's wait to 14 days and the hearing notice to 7 days, though the 2-day opposition period is unchanged. Summary judgment is technical and is lost on procedure as often as on the merits, and an opposed or unopposed motion is not automatically granted; the court must still find no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default judgment are different procedures, and this page covers only a civil motion for summary judgment in Alabama state trial court, not summary judgment in federal court, which follows Federal Rule of Civil Procedure 56.
Key Things to Know
- 1
The motion and all supporting papers must be served at least 10 days before the hearing, and any statement or affidavit in opposition is due only 2 days before that same hearing; both periods exclude intervening weekends and holidays under Rule 6(a)(2), while a claimant's 30-day pre-filing wait counts every calendar day (Ala. R. Civ. P. 56(a)-(c); Ala. R. Civ. P. 6(a)(2)).
- 2
If you were served with an Alabama motion for summary judgment, your opposing statement or affidavit is due only 2 days before the hearing date, not a fixed number of days after service, and intervening Saturdays, Sundays, and legal holidays are excluded from that count under Rule 6(a)(2), so for a Monday hearing it is due the preceding Thursday; if you cannot yet respond with specific facts, you may ask the court for a continuance or denial instead under Rule 56(f).
- 3
An opposed or unopposed Alabama motion for summary judgment is not automatically granted. Rule 56(e) says summary judgment, if appropriate, shall be entered against a party who fails to respond with specific facts showing a genuine issue, but the court must still find no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.
- 4
Alabama tests the sufficiency of the opposing evidence under the statutory substantial evidence standard, not the federal Celotex or Anderson formulation; Alabama Code section 12-21-12 abolished the older scintilla rule of evidence for actions not pending as of June 11, 1987 (Ala. Code section 12-21-12).
- 5
A claimant may not file until 30 days after the action commences, or after the adverse party serves its own summary judgment motion, whichever is earlier; a defending party may move at any time. Alabama's Rule 56 sets no statewide cutoff for filing or hearing the motion before trial (Ala. R. Civ. P. 56(a)-(b)).
- 6
The motion must be supported by a narrative summary of the facts the movant contends are undisputed, with specific references to the pleadings, discovery, or affidavits; Alabama does not use California's two-column separate statement, and the summary may be set out in the motion itself or attached as an exhibit (Ala. R. Civ. P. 56(c)(1)).
- 7
Rule 56(c)(3) allows an interlocutory summary judgment on liability alone even when the amount of damages remains disputed, and Rule 56(d) lets the court narrow the case to the facts still genuinely controverted. This page covers only a civil motion for summary judgment in Alabama state trial court, not a motion to dismiss, a motion to set aside a default judgment, or a federal court motion under Federal Rule of Civil Procedure 56.
Key decisions before you file
Before you file a Motion for Summary Judgment in Alabama, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
Open the Motion for Summary Judgment guideCustomize your Motion for Summary Judgment Template with DocDraft
Alabama Requirements for Motion for Summary Judgment
10-Day Notice Before the Hearing
The motion, with all supporting materials and any brief, must be served at least 10 days before the hearing, except that a court may hold the hearing on less than 10 days' notice with the consent of the parties (Ala. R. Civ. P. 56(c)(2)).
2-Day Opposition Deadline Counted Back From the Hearing
Any statement or affidavit in opposition must be served at least 2 days before the hearing date, a deadline counted backward from the hearing rather than forward from service (Ala. R. Civ. P. 56(c)(2)).
Notice and Opposition Periods Exclude Weekends and Holidays
Because both the 10-day notice period and the 2-day opposition period are less than 11 days, Rule 6(a)(2) excludes intermediate Saturdays, Sundays, and legal holidays from each count; the 30-day claimant wait, being 11 days or more, counts every calendar day (Ala. R. Civ. P. 6(a)(2)).
30-Day Wait Before a Claimant May File
A claimant may not move for summary judgment until 30 days after the action commences, or after the adverse party serves its own summary judgment motion, whichever is earlier; a defending party may move at any time (Ala. R. Civ. P. 56(a)-(b)).
No Statewide Filing or Hearing Cutoff Before Trial
Alabama's Rule 56 sets no statewide cutoff for filing or hearing the motion tied to the trial date (Ala. R. Civ. P. 56).
Substantial Evidence Standard Governs Sufficiency
Alabama Code section 12-21-12 abolished the state's older scintilla rule of evidence for actions not pending as of June 11, 1987, and requires that a party's position, including on a motion for summary judgment, be supported by substantial evidence (Ala. Code section 12-21-12).
Narrative Summary of Undisputed Facts Required
The motion must be supported by a narrative summary of the facts the movant contends are undisputed, with specific references to the pleadings, discovery, or affidavits; the summary may be set out in the motion itself or attached as an exhibit (Ala. R. Civ. P. 56(c)(1)).
Interlocutory Summary Judgment on Liability Alone
A summary judgment, interlocutory in character, may be rendered on the issue of liability alone even though there is a genuine issue as to the amount of damages (Ala. R. Civ. P. 56(c)(3)).
Mandatory Fee-Shifting for a Bad-Faith Affidavit
If an affidavit is submitted in bad faith or solely for delay, the court shall order the party who submitted it to pay the other party's reasonable expenses, including attorney's fees, and may also hold the offending party in contempt (Ala. R. Civ. P. 56(g)).