ARAP Rule 12: Docketing of the appeal; docket fee; filing of the record

Alabama Rules of Appellate Procedure

Rule 12. Docketing of the appeal; docket fee; filing of the record

(a) Docketing the appeal and docket fee. The clerk shall send to the clerk of the appellate court to which the appeal is taken a copy of the notice of appeal. The appellant, in a civil case, shall accompany the copy of the notice of appeal with payment to the clerk of the appellate court to which the appeal is taken a docket fee in the amount prescribed by Rule 35A, which shall be in lieu of other appellate court costs, unless otherwise set by the court. The clerk of the appellate court shall enter the appeal upon the docket upon the presentation by the appellant of a copy of the notice of appeal and receipt of the docket fee. The appeal shall be docketed with the style – Appellant v. Appellee.

(b) Notice of the filing of the record. The clerk of the appellate court shall immediately give notice to all parties of the date on which the record on appeal was filed.

(c) Dismissal for failure of appellant to cause timely completion of record. If the appellant shall fail to cause timely completion of the record, any appellee may file a motion in the appellate court to dismiss the appeal. The motion shall be supported by a certificate of the clerk of the trial court showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, the expiration date of any order extending the time for completing the record, and by proof of service. (Amended 10-2-78, eff. 12-1-78.)

Committee Comments

Rule 12 provides that the appeal is considered to be docketed with the appellate court when the clerk files a copy of the notice of appeal with the clerk of the appellate court, and upon payment of a docket fee in the amount prescribed in Rule 35A. Certain appeals may cost more to process, and the rule provides that the court may set a higher docket fee to defray expenses in that event, e.g., utility and class action appeals may require a higher docket fee. The failure of a party to cause timely completion of the record may result in dismissal of the appeal upon motion. See Rule 2. The time for response to such motions and the form of the motion are to be in conformance with the general rules set out in Rule 27.