Tuesday, January 27, 2009

E-FILING DO'S AND DON'T'S

1. DO NOT ATTACH PROPOSED ORDERS TO MOTIONS. Proposed orders should be filed under “Proposed Orders” and not e-mailed to the judge and not attached to the motion.

2. Attachments and/or exhibits should be scanned individually, identified, and then attached to the motion so the judge can locate and view as a single document. Do not include as additional pages to a motion.

3. Responses should be filed as a response, not a new motion. (except, if the original motion was paper filed.)

4. Cross-claims and Third Party Complaints are separate documents and should not be filed with the Answer.

5. Do not e-file summary judgment motions and paper file exhibits.

6. Discovery is filed under a separate button.

7. Do not e-file AND paper file a motion. One or the other.

8. Do your best to properly describe the motion. It really helps.

9. Don’t call the judge or the clerk to see if a motion has been ruled on.

10. You do not have to sign and scan a document. It can be downloaded directly from the computer. Do not scan motion cover sheet. It is automatically generated.

11. If you file for a default and you have a specific order you wish to have entered by the judge, you must file it as a proposed order. Otherwise, you will only get an order that says “default is granted”.

12. Explore your options when choosing the type of motion. “Other” is overused as a type (i.e. Motion to Alter, Amend or Vacate can be styled “Amend” or “Vacate or Modify”)

13. Do not file subpoenas as discovery. Anything filed under discovery is not seen by the clerk or
the judge.

14. Look under your “miscellaneous” tab. You can file all sorts of wonderful things here.

15. Any matter that requires a ruling by the Judge should be filed under motions. Filing it anywhere else will place it in the electronic file, but it WILL NOT go to the Judge.

16. Do not try to slip in a document that requires a fee without paying. The document will be flagged and it may be denied for such failure.

17. DO NOT e-file a document, then send the Judge or Clerk a “Complimentary” copy.

18. Always be as specific and descriptive as possible when labeling motions and proposed orders.
19. If you file a document requiring a fee, and do not receive a receipt indicating payment, contact the clerk’s office. DO NOT REFILE. In refilling you may be charged twice.

20. WHY IS THERE NEVER ENOUGH TIME TO DO IT RIGHT BUT ALWAYS ENOUGH TIME TO DO IT OVER?

Monday, January 26, 2009

Winter Board Meeting at Atmore

AALS Members,

I have just returned from the AALS Winter Board meeting which was held in Atmore, Alabama. If you did not make it - you really missed out on a great meeting, some of the best CLE we have ever had, awesome fellowship with statewide members, good food and fun! Briefly recapping the CLE - the amended and revised Rule 32 of the Alabama Rules of Judicial Administration which became effective January 1, 2009 (child support guidelines) was very enlightening, especially at a time when our economy is in such peril.. Alacourt Plus turned out to be a great feedback forum for many of the members that do e-filing and we are certain to hear more about this as more changes in e-filing take place in the months to come; Lethal Laptop was an "ah ha" moment and innovative presentation for a courtroom jury. On Saturday morning, Justice Lyn Stuart outlined the Alabama Supreme Court and procedures for filing appeals and how cases are assigned to the Justices; L.D. Holt shared the U.S. history regarding the native Americans and how gambling is allowed on Indian Reservations when it is not permitted in other jurisdictions in the State of Alabama; and, Grantt Culliver, the Warden at Holman Correctional Facility spoke about the Corrections Facilities in today times. There were plenty of door prizes and the chinese auctions items were the best! AALS also elected new officers that will be installed in late April at the Annual Meeting.

On Friday after the CLE ended - many of the members headed over to the Wind Creek Casino for the evening and others parted and went different ways! The group I was with had dinner a local catfish restaurant but dropped in at the casino afterwards - it was very impressive... although the grounds are still under construction, the Wind Creek Casino itself (I'm sure you have seen the TV commercials - you know "there is something in the wind...") is everything they describe it to be!

So... needless to say, you really missed out! But, you've got another opportunity coming up soon at the end of April...! You will be receiving more details soon about the 2009 Annual Meeting which will be held at Children's Harbor near Alexander City on Lake Martin! www.childrensharbor.com - a meeting you will not want to miss! Please check your emails for more info and the "all inclusive" weekend you can spend with us at Children's Harbor in late April!

M. Dawson