Alabama Notice of Appeal

Introduction

Key Things to Know

1. 1

   The notice of appeal is due within 42 days (six weeks) of the date the trial court enters the judgment or order, not the date of service or notice of entry. A timely motion under Alabama Rule of Civil Procedure 50, 52, 55, or 59 suspends the 42 days, which then runs from entry of the order on the motion or, if the motion is deemed denied after 90 days under Rule 59.1, from that deemed denial (Ala. R. App. P. 4(a)(1), (a)(3), (a)(5)).

2. 2

   The deadline is generally not extendable. The circuit court may extend it by not more than 30 days beyond the original deadline, but only on a showing of excusable neglect based on a party's failure to learn that the judgment was entered (Ala. R. App. P. 4(a)(1); Ala. R. Civ. P. 77(d)).

3. 3

   File the notice with the clerk of the trial court, the circuit court that entered the judgment, not the appellate court (Ala. R. App. P. 3(a)(1)). Which appellate court hears the case turns on the amount in controversy: the Court of Civil Appeals has exclusive jurisdiction where the amount involved, exclusive of interest and costs, does not exceed $50,000, plus workers compensation, domestic relations, and most agency appeals regardless of amount, and everything else goes to the Alabama Supreme Court (Ala. Code 1975 12-3-10). Naming the wrong one is a correctable clerical mistake, not a jurisdictional defect (Ala. R. App. P. 3(c)).

4. 4

   No single official notice-of-appeal form is required; the sample Forms 1 and 11 in the Appendix of Forms are sufficient in form and content (Ala. R. App. P. 50). A separate Docketing Statement, Form 24, 25, or 26 matched to the appeal type, must be filed with the trial court at the same time as the notice, and within 7 days after filing the notice the appellant must designate the clerk's record and pay the court reporter's estimated transcript cost (Ala. R. App. P. 3(e), 10(a)(1)-(2)).

5. 5

   Since a 2017 amendment, the notice must specify every appellant and every adverse party by name; 'et al.' or 'etc.' cannot substitute for naming each one (Ala. R. App. P. 3(c)). The appellant must also serve a copy on each adverse party, and the trial court clerk separately serves a certified copy on the appellate clerk, the court reporter, and counsel of record (Ala. R. App. P. 3(d)(1)).

6. 6

   A civil docket fee is paid to the clerk of the appellate court when the notice is filed (Ala. R. App. P. 35A(a)(1); confirm the current fee with the clerk), and a separate cost bond or security for costs is required unless the appellant is exempt, has filed a supersedeas bond that already includes security for costs on appeal, or is granted in forma pauperis status (Ala. R. App. P. 7, 24). Filing the notice does not by itself stop collection of the judgment; for a money judgment, a stay requires a supersedeas bond approved by the trial court clerk (Ala. R. App. P. 8(a)(1)).

7. 7

   A small claims judgment, decided in the district court, is not appealed under these rules. Any party, not just the defendant, may appeal to circuit court for a full trial de novo within 14 days of the judgment, by filing a notice of appeal and a bond, cash, or affidavit of substantial hardship in lieu of bond (Ala. Code 1975 12-12-70(a); Ala. Small Claims Rule M).

Alabama Requirements for Notice of Appeal

• 42-Day Deadline Runs From Entry, Not Service

  The notice of appeal must be filed within 42 days of the date the judgment or order is entered, not the date a party is served with it or learns of it (Ala. R. App. P. 4(a)(1); Ala. R. Civ. P. 77(d)).

• Postjudgment Motions Toll the 42 Days

  A timely motion under Alabama Rule of Civil Procedure 50, 52, 55, or 59 suspends the 42-day period, which then runs from entry of the order on the motion or, if the motion is deemed denied after 90 days under Rule 59.1, from that deemed denial (Ala. R. App. P. 4(a)(3), (5)).

• Narrow 30-Day Excusable-Neglect Extension

  The circuit court may extend the deadline by not more than 30 days beyond the original deadline, but only on a showing of excusable neglect based on a party's failure to learn the judgment was entered (Ala. R. App. P. 4(a)(1); Ala. R. Civ. P. 77(d)).

• Filed With the Trial Court Clerk

  The notice of appeal is filed with the clerk of the trial court, the circuit court that entered the judgment, not with the appellate court (Ala. R. App. P. 3(a)(1)).

• Appellate Court Split at $50,000 in Controversy

  The Court of Civil Appeals has exclusive jurisdiction of civil cases where the amount involved, exclusive of interest and costs, does not exceed $50,000, plus workers compensation, domestic relations, and most agency appeals regardless of amount; everything else goes to the Alabama Supreme Court (Ala. Code 1975 12-3-10).

• Every Party Must Be Named, No Et Al.

  Since a 2017 amendment, the notice must specify every appellant and every adverse party by name; 'et al.' or 'etc.' cannot substitute for naming each one (Ala. R. App. P. 3(c)).

• Docketing Statement Filed With the Notice

  A Docketing Statement, Form 24, 25, or 26 matched to the appeal type, must be filed with the trial court at the same time as the notice (Ala. R. App. P. 3(e)).

• Cost Bond Required Unless Exempt or IFP

  A cost bond or security for costs on appeal is required with the notice unless the appellant is exempt, has filed a supersedeas bond that already includes security for costs on appeal, or has been granted leave to proceed in forma pauperis (Ala. R. App. P. 7, 24).

• Small Claims Appeal Is a New Trial Within 14 Days

  A small claims judgment, decided in the district court, is appealed by any party to circuit court for a full trial de novo within 14 days of the judgment (Ala. Code 1975 12-12-70(a); Ala. Small Claims Rule M).