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Commonly Asked Questions about Alabama Civil Procedure Forms

Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiffs apprehension about the threat of irreparable injury.
(a) DEPOSITING PROPERTY. If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, a partyon notice to every other party and by leave of courtmay deposit with the court all or part of the money or thing, whether or not that party claims any of it.
In Alabama, a judgment lien can be attached to the debtors real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtors personal property -- things like jewelry, art, antiques, and other valuables.
Under that rule the court can, in a proper case, direct entry of a final judgment as to less than all of the parties or claims involved in an action. Such judgment is final for purposes of appeal. Under this rule the court can stay enforcement of such conditions as to a stay as are necessary.
Under Rule 50, a motion for a directed verdict will be granted or denied in any situation where the peremptory charge would be granted or denied under present Alabama law.
Amendment to Rule 67 Civ. P. 67, which allow deposit even when the litigant claims all or any part of the fund. It further requires service of an order calling for deposit on the clerk so as to assure notice to the clerk of responsibilities as to the fund.
Rule 77(a) recognizes that, theoretically, the court is always open for filing papers, etc. Filing with a deputy clerk at her residence was approved in Greeson v. Sherman, 265 F.
Rule 42(b) provides that separate trials are to be ordered only where needed in furtherance of convenience or to avoid prejudice. Separate trials are not to be granted merely because the matters involved would have been tried separately before the rules were adopted, or because some of the parties might prefer