AL · rules
Ala. Small Cl. R. C
Beginning and defending the case
Beginning. A case shall be begun by filing with the clerk of the court a short
and plain written statement showing what plaintiff claims and why he claims it. A
plaintiff may combine as many claims as he has against a defendant in one case
and he may sue more than one defendant in one case if his claim involves all of
the defendants. This statement shall be called a complaint and the forms of
complaint [SM-1, SM-2] appearing in the appendix to these rules shall be sufficient
and their use is strongly recommended.
Defending. The defendant shall file a short and plain reply showing what
defendant admits, what he denies and why he denies it. This reply shall be called
an answer, shall be filed within the deadline set forth at Rule “F”, and the form of
answer [SM-3] appearing in the appendix to these rules shall be sufficient. If a
defendant has a claim against a plaintiff, he shall file it with his answer and send a
copy of it to the plaintiff. Said claim shall be in the form applicable to a
complaint and it shall be called a counterclaim [SM-6]. Failure of a defendant
to make a counterclaim which is based upon things which gave rise to plaintiff's
claim will not of itself prevent the defendant from raising such claim in another court
or case so long as the defendant either wins his case in the court or prevents the
judgment of the court from becoming a final judgment by the filing of a notice of
appeal as provided in Rule “M”. Answer may not be made by a motion to dismiss.
The court shall be very lenient in the allowance of changes or amendments to
complaints, answers and counterclaims and continuances of trials when necessary
to serve the ends of justice.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
5373aa55f7eb80c5090ef46203eb005de376e1810c9241eb9177bd8226fb3b6d
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.