Ala. R. Jud. Admin. 4

I. The following duties shall repose in the office of clerk and register of the

circuit court and clerk of the district court.

(A) The clerk or register, or his or her representative, shall attend

sessions of court in his or her circuit or district when required by the court to do so.

(B) The clerk or register shall keep such indexes as will ensure ready

reference to any action or proceeding filed in the court, in accordance with such

procedures as may be established by the administrative director of courts (“ADC”).

(C) The clerk or register shall issue all process and notices required by

law or directed by the court to be issued. Any other rule or statute notwithstanding,

any party or attorney to any court proceeding who is entitled to receive any notice

by first-class mail concerning that proceeding may receive that notice by any

electronic means approved by the Administrative Director of Courts in lieu of first-class mail. Service by electronic means in compliance with this rule shall be

complete on transmission of the electronic document. Any party who is not an

attorney may elect to receive notice by electronic means by written request to the

court at any time during the course of the proceeding. Once a party has elected to

receive notice by electronic means, the court may use such means as to that party

for any notice that could otherwise have been conveyed by first-class mail until

such election is rescinded in writing by that party or the party’s attorney of record.

(D) The clerk or register shall be the custodian of court records and shall

keep such records of the court as are required by law, by Supreme Court rule, or

by the ADC. The clerk shall prepare and issue all reports and other documents,

including monthly reports, that are required by law, rule, court order, or directive of

the ADC.

(E) The clerk or register shall safely, orderly, and efficiently keep or

dispose of, according to law, Supreme Court rule, or directive of the ADC, all

papers and records filed or deposited in any action or proceeding before the court.

(F) The clerk or register, acting under the supervision of the court, shall

be responsible for the management of jurors during their service, except as may

be otherwise provided.

(G) The clerk or register shall receive annual funding, as allotted by the

ADC, for supplies and forms, and shall administer his or her office in such a manner

as to operate within the approved budget.

(H) The clerk or register shall remit, as provided by law or rule, all fines,

forfeitures, and costs of court, including prepaid docket fees, to the officials

designated to receive such moneys at the municipal, county, and state levels. The

clerk or register shall periodically remit such moneys, no less often than once a

month and not later than the fifteenth day of each month. The clerk or register shall

forward to the ADC a copy of the remittance form and such other reports as may

be required.

(I) The clerk or register, after obtaining the advice of the presiding circuit

judge, shall designate approved state depositories to serve as depositories for all

funds collected by, deposited with, or maintained by the clerk or register in his or

her official capacity. The clerk or register shall ensure that all designated

depositories are insured either by the Federal Deposit Insurance Corporation or by

the Federal Savings and Loan Insurance Corporation. Except as otherwise

provided in this rule, all funds maintained by the clerk or register in his or her official

capacity other than moneys collected in cases that are governed by Title IV-D of

the Social Security Act, shall be placed in interest-bearing accounts in the

designated state depositories. The interest received on such funds, less any

service, maintenance, or ancillary charges that may be made by the depository on

such accounts, shall be paid into the State General Fund periodically, as provided

in subsection (H) of this part I; provided, however, that the interest earned on those

fiduciary sums that are specifically ordered by the trial court to be deposited at

interest, less any administrative charges that may be made by the depository, shall

be disbursed as otherwise provided by law or rule.

When depositing funds in interest-bearing accounts, the clerk or register

shall seek to obtain the maximum return available, taking into consideration

administrative charges made by the depository and the services provided to the

clerk or register on such accounts. The clerk or register shall also evaluate whether

any service, maintenance, or ancillary charges made by a depository on any

account utilized in the clerk or register’s official capacity exceeds the potential

earnings. If the clerk or register determines that the administrative costs that will

be imposed by the depository on any account or on any funds to be deposited at

interest exceed the potential earnings thereon, then the clerk or register, in his or

her discretion, may maintain such funds in a non-interest bearing account in the

depository; provided, however, that this discretion shall not apply to funds that are

deposited pursuant to an order of the trial court.

The Chief Justice shall have authority to review administrative decisions not

to place funds in interest-bearing accounts and may assist the clerk or register in

developing an investment plan consistent with this rule that should provide interest

income to the State General Fund.

(J) The clerk or register shall prepare appeal transcripts in accordance

with the Alabama Rules of Appellate Procedure.

(K) The clerk or register shall perform such other duties as may be

imposed by law, rule, court order, or directive of the ADC.

II. The following duties shall repose in the office of clerk of the municipal

court.

(A) The clerk shall be the chief administrative officer of the municipal

court administrative agency and shall answer to the municipal judge, or, if the court

has more than one judge, then to the presiding judge.

(B) The clerk, or the clerk’s representative, shall attend sessions of the

municipal court when required by the court to do so.

(C) The clerk shall keep such indexes as will ensure ready reference to

any action or proceeding filed in the court, in accordance with such procedures as

may be established by the administrative director of courts (“ADC”).

(D) The clerk shall issue all process and notices required by law or

directed by the court to be issued.

(E) The clerk shall be the custodian of court records and shall keep such

records of the court as are required by ordinance or other law, the municipal

governing body, the judge, Supreme Court rule, or the ADC. The clerk shall prepare

and issue all reports and other documents, including monthly reports, that are

required by law, rule, court order, or directive of the ADC.

(F) The clerk shall safely, orderly, and efficiently keep or dispose of,

according to law, Supreme Court rule, or directive of the ADC, all papers and

records filed or deposited in any action or proceeding before the court.

(G) The clerk shall receive annual funding, as allotted by the municipal

governing body, and shall administer the clerk’s office in such a manner as to

operate within the approved budget.

(H) The clerk shall receive, issue receipts for, and account for, all funds

coming into court, including fines, fees, costs, and restitution, and shall safeguard

such funds and make disbursements as required by law.

(I) The clerk shall remit, as provided by law or rule, all fines, forfeitures,

and costs of court to the officials designated to receive such moneys at the

municipal, county, and state levels. The clerk shall periodically remit such moneys,

no less often than once a month and not later than the fifteenth day of each month.

The clerk shall forward to the ADC a copy of the remittance form and such other

reports as may be required.

(J) The clerk shall prepare documents for filing in the circuit court in

cases appealed to the circuit court, in accordance with statutes and the rules of

the Supreme Court of Alabama, and shall maintain a log of all appealed cases.

(K) The clerk shall ensure that the office of the municipal court clerk shall

be open for the transaction of business when the court is in session, and, aside

from those times when the court is in session, the clerk shall ensure that the office

is open during business hours, as established by the municipal governing body;

provided, however, that the governing body shall determine specific days and

times that the office may be closed for holidays and other special occasions, but

such closings shall be consistent with the closings of other municipal departments

and programs.

(L) The clerk shall maintain a file of all ordinances and other laws that

affect the operation of the municipal court or that may be brought before the court.

(M) The clerk shall perform other administrative tasks that the judge is

not required to perform personally, as may be required by law, rule, court order, or

directive of the ADC.

(N) The clerk shall perform such other duties as may be imposed by law,

rule, court order, or directive of the ADC, including specifically those duties of clerks

and magistrates stated elsewhere in these Rules of Judicial

Administration.