CLE Alabama

CLE Alabama is committed to helping Alabama lawyers succeed in practice by having the best information possible. The Alabama State Bar likewise has committed to this concept by providing its members with Casemaker for free primary research. We now want to connect our CLE offerings to this resource. As you will see when you register, this new catalog and opportunity allows for a real time link between the course materials and all referenced cases, codes, and statutes maintained in the Casemaker Library. The "Notes" area also allows you to record these references along with your thoughts at the time and email the captured Notes to yourself for application in your practice. We call this feature "CLE to Work" and think it will go a long way to adding value to your CLE experience. In addition, we have listed other Casemaker opportunities for your consideration that connect to the Casemaker library, thus making the job of serving your clients easier, more accurate, and complete.
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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.

General Standards
 
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
Birmingham

 


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CLE Alabama

Course Materials

  • 2011 Alabama Update :Appellate Practice Update