§ Rule 3 Commencement of action

Codes > Alabama Rules of Civil Procedure > II Commencement > Rule 3

Rule 3. Commencement of action.

    (a) Filing the Complaint. A civil action is commenced by filing a complaint with the court.

    (b) Filing the Informational “Cover Sheet” in the Circuit Court. Except in domestic relations cases, each original complaint at the time it is filed with the circuit court shall be accompanied by an informational “cover sheet.” See Form 93. However, the failure to accompany the complaint with the cover sheet shall not affect the validity of the commencement of the action. The plaintiff, or if the plaintiff is represented by counsel, then the plaintiff's attorney, shall complete and sign the “general information” portion of the cover sheet before it is filed with the court. If the complaint is submitted to the clerk of the circuit court without a properly completed cover sheet, the clerk shall accept the complaint and inform the person filing it of the requirements of this rule, and the plaintiff, or, if the plaintiff is represented by counsel, then the plaintiff's attorney, shall promptly file a properly completed cover sheet. For the failure to comply with the requirements of this rule, the court in which the action is pending may make such orders as are just, including an order staying the proceedings until the cover sheet is filed or, after proper notice, an order dismissing the action; and, in lieu of any other orders, or in addition to any orders, the court may treat the failure to comply with the requirements of this rule as contempt of court.

    (c) Filing the Informational “Cover Sheet” in Cases Appealed From the District Court to the Circuit Court. The “Cover Sheet” (Form 93) required by paragraph (b) shall be filed by the appellant in the case of an appeal from the district court to the circuit court; the cover sheet shall accompany the notice of appeal. The requirement that the cover sheet accompany the notice of appeal shall be subject to the same rules and the same principles of enforcement as are applicable to an original filing in the circuit court. See (b).

    (dc) District Court Rule. Rule 3(a) applies in the district court. Rule 3(b) and (c) are not applicable to cases commenced in the district court; but paragraph (c) makes the provisions of paragraph (b) applicable to an appeal from the district court to the circuit court in the same manner in which they would be applicable to an original filing in the circuit court.