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2011 Alabama Update: Appellate Practice Update
Length: 1.0 Hours
CLE Credits (60): 1.0 Total hours
The most common route to the Alabama appellate courts is by direct appeal. This is where the party has an appeal as of right, and where the appellate court does not have discretion to decide not to take the appeal. Such appeals are governed by Rules 3 and 4 of the Alabama Rules of Appellate Procedure.
Direct appeals are initiated by the filing of a notice of appeal, a docketing statement and a
filing fee (made out to the appellate clerk) with the trial court (not the appellate court). See Ala. R. App. P. 3(a). The trial court will transmit the appeal documents and filing fee to the appellate court. The filing of the notice of appeal is the only jurisdictional act required to commence the appellate process. Edmondson v. Blakely, 341 So. 2d 481 (Ala. 1976). If the notice of appeal if not filed timely, the appellate court is without jurisdiction, except to dismiss the appeal. Buchanan v. Young, 534 So. 2d 263 (Ala. 1988).
The mailing date, even of registered or certified mail, is not deemed to be the filing
date of the notice of appeal for purposes of computing the time within which the notice of appeal must be filed as Ala. R. App. P. 25(a) only applies to papers filed with the appellate court. Holmes v. Powell, 363 So. 2d 760 (Ala. 1978); Ala. R. App. P. 25(a).
Marc James Ayers
Bradley Arant Boult Cummings LLP
- 2011 Alabama Update :Appellate Practice Update
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