Alabama: Civil Procedure, Foreclosure & UCC

Civil procedure in Alabama

Civil cases in Alabama state courts follow the Alabama Rules of Civil Procedure. Federal courts located in Alabama follow the Federal Rules of Civil Procedure and their own local rules. Individual Alabama courts also publish local rules, and judges may issue standing orders — read all of them before filing.

Our procedure library explains each federal motion and filing; look up the Alabama equivalent in the state rules, because names, deadlines and forms can differ.

Foreclosure in Alabama

The most common foreclosure process in Alabama is nonjudicial: property can be sold under a power-of-sale clause following the state statute, without a lawsuit. Judicial foreclosure is also available. The main statute: Ala. Code § 35-10-11 et seq..

Federal mortgage servicing rules also apply to most residential loans — see federal pre-foreclosure protections. Read the current statute for notice periods, redemption rights and deficiency rules.

The Uniform Commercial Code in Alabama

Alabama enacted the Uniform Commercial Code and codified it in Code of Alabama 1975, Title 7 (Commercial Code). Does not include Article 6 (Bulk Transfers), which most states have repealed. When a page on Lawtopolis cites a UCC section such as § 3-301 or § 9-406, read the matching section of Alabama’s enacted code, which may contain state-specific changes.

Research checklist

• Read the current state rules of civil procedure and the local rules of your court.
• Check the state judiciary’s self-help center and official forms.
• Read the state statutes that govern your type of case.
• Find binding decisions from the state’s appellate courts.
• Confirm each source is current before relying on it.

How to research a case in this state

To research your issue for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.