§ Rule 79 Books and records kept by the clerk and entries therein

Codes > Alabama Rules of Civil Procedure > X Circuit > Rule 79

Rule 79. Books and records kept by the clerk and entries therein.

    (a) Civil docket. The clerk shall keep a book known as the “civil docket” of such form and style as the books now kept and known as the consolidated docket and fee books, and shall enter therein each civil action to which these Rules are made applicable. The file number of each action shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the clerk, all process issued and returns made thereon, all appearances, orders, bench notes, verdicts, and judgments shall be noted in this civil docket on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. When in an action trial by jury has been properly demanded or ordered, the clerk shall enter the word “jury” on the folio assigned to that action. In the
event a formal order is entered, the clerk shall insert the order in the file of the case.

    (b) Final judgments or appealable orders; minute book. The clerk shall keep a minute entry or correct copy of every final judgment or appealable order, or order affecting title to or lien upon real or personal property, or any other order that the court may direct to be kept. This record may be maintained either as a separate minute book or on microfilm.

    (c) Indices; calendars. Suitable indices of the civil docket and of every civil judgment and order referred to in subdivision (b) of this rule shall be kept by the clerk under the direction of the court. There shall be prepared, under the direction of the court, calendars of all actions ready for trial, which shall distinguish “jury actions” from “court actions.”

    (d) Other books and records. The clerk shall also keep such other books and records as may be required by the Supreme Court of Alabama. The documents required to be kept under this rule may be recorded by means of a photograph or photostat machine.

    (e) Records required to be kept by the clerk under this rule may be maintained electronically in accordance with the orders and rules of the Supreme Court of Alabama.

    (f) Removing the file in a case. The file of a case shall not be removed from the office of the clerk except by permission of the court or the clerk.

    (g) Transfer of files. For administrative purposes only, and unless the court orders otherwise, the complaint or other initial pleading shall be filed in the office of the register or of the clerk in accordance with the practice prior to the adoption of these Rules. Subsequent pleadings, motions, judgments, or other papers shall be filed in the office in which the initial pleading was filed, unless and until the file in that case is transferred; thereafter pleadings, motions, judgments or other papers shall be filed in the office to which the file was transferred. If the judge at any time, in considering the pleadings or other papers, finds that the file is being kept in an office not proper under prior practice, or otherwise determining the file should be transferred, the judge may so inform the clerk or the register who shall immediately note on the sheet or folio assigned to that case in the civil docket: “transferred to the office of (the clerk) (the register),” with the date, and shall immediately turn over the file to the proper office. The official receiving the file shall change the file number to one appropriate for the official's office, first noting the original file number on the sheet or folio assigned to that case in the civil docket in the official's office, with the notation: “transferred from the office of (the register) (the clerk)” and the date thereof. Entries in the docket or records already made by one office need not be
duplicated in the other on receiving the file. The transfer of the file shall in no way affect the proceedings in the case, which shall continue before the same judge in the same manner as if the file had not been transferred. Fees or costs accrued prior to the transfer shall be included in the bill of costs of the official receiving the file and collected in the same manner as fees or costs accruing after the transfer. The register and clerk shall each account to the other, periodically, for any fees or costs collected that would have belonged to the office of the other under prior practice.

    (dc) District Court Rule. Rule 79 applies in the district courts except that the requirement of the keeping of final judgments or appealable orders in a minute book in Rule 79(b) is deleted.