• dispute between parties • Rules of Civil Procedure • Ala. R. Civ. P. • Fed. R. Civ. P. • Apply to litigation process creative commons licensed (BY-SA) flickr photo by tellumo: https://flic.kr/p/LzZXX
forms the basis of a lawsuit • Complaint – a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief the pleader seeks. Ala. R. Civ. P. 8(a)
it appears beyond doubt that the plaintiff can prove no set of facts in in support of his claim that would entitle him to relief.” Bowling v. Pow, 301 So.2d 55 (Ala. 1973), citing Conley v. Gibson, 355 U.S. 41, 45- 46 (1957)
limitations approaches and plaintiff doesn’t know the names of all defendants? – When a party is ignorant of the name of an opposing party and so alleges in the party's pleading, the opposing party may be designated by any name, and when that party's true name is discovered, the process and all pleadings and proceedings in the action may be amended by substituting the true name. Ala. R. Civ. P. 9(h) – Plaintiff v. John Doe
by the clerk, contain the name of the court and the name of the first party on each side . . ., be directed to the defendant . . ., state the name and address of the plaintiff’s attorney, . . ., and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that, in case of the defendant's failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint. Ala. R. Civ. P. 4(a)(2)
a copy of the summons and the complaint at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Ala. R. Civ. P. 4(c)(1) • Business: by serving an officer, a partner (other than a limited partner), a managing or general agent, or any agent authorized by appointment or by law to receive service of process Ala. R. Civ. P. 4(c)(6)
election contest? • most civil actions? • money due on open account; disbarment? • actions against surety? • trespass, conversion, contracts? • contracts under seal; recovery of lands? • enforcement of judgments? • state/municipal action to recover lands?