Ala. R. App. P. 12

History

[Amended 10-2-78, eff. 12-1-78; Amended 7-1-19, eff 10-1-19.] 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 of $25.00 as required by subdivision (a) and Rule 3(a). The basic docket fee is set at $25.00. 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. Court Comment to Amendment to Rule 12(a) Effective October 1, 2019 Rule 12(a) has been amended to require the appellant to pay the docket fee to the clerk of the appropriate appellate court within seven days of the electronic filing of the notice of appeal. The timeliness of the payment of the docket fee is governed by the same rules applicable to the filing of other documents with the appellate courts. This amendment is consistent with the amendments to Rule 3(a), (d), and (e) and Rule 35A(a)(1) and (b). When sending the payment to the appellate court clerk, the appellant should identify the appeal to which the payment applies by enclosing a copy of the notice of appeal and docketing statement or by some other means. Note from the reporter of decisions: The order amending Rule 3(a), Rule 3(d), Rule 3(e), Rule 12(a), Rule 35A(a)(1), and Rule 35A(b), effective October 1, 2019, and adopting the Court Comments to those amendments is published in that volume of Alabama Reporter that contains Alabama cases from __So. 3d.