Alabama Rules of Civil Procedure
Rule 4. Process: General and Miscellaneous Provisions
CONTENTS
Rule 4. Process: General and Miscellaneous Provisions
(a) Summons or Other Process
(c) Upon Whom Process Served
(e) Service Refused (f) Multiple Defendants; incomplete service; dismissal of fictitiously named defendants (g) Effect of Availability of Alternative or Dual Modes of Service of Process (h) Acceptance or Waiver of Service Rule 4.1 Process: Methods of In-State Service
(i) Methods of Service
(B) By Designated Person (C) How Served and Returned (D) Failure of Service 2. Service by Certified Mail |
Summons or Other Process
Issuance
Upon the filing of the complaint or other document required to be served in the manner of an original complaint the clerk shall forthwith issue the required summons or other process for service upon each defendant. Upon request of the plaintiff separate or additional summons shall issue at any time against any defendant. Form The summons, or other process or each of them in cases involving multiple defendants, shall be signed by the clerk, contain the name of the court and the name of the first party on each side with an appropriate indication of other parties in cases involving multiple parties, be directed to the defendant or each defendant in cases involving multiple defendants, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that, in case of the defendant’s failure to do so, judgment by default will be rendered against the defendant for the relief demanded in the complaint. Copy of Complaint or Other Document A copy of the complaint or other document to be served shall be attached to each summons or other process. The plaintiff shall furnish the clerk with sufficient copies of the complaint or other document to be served. Plaintiff and Defendant Defined For the purpose of issuance and service of summons or other process, “plaintiff” shall include any party seeking the issuance of service of summons, and “defendant” shall include any party upon whom service of summons or other process is sought. Instructions and Form The plaintiff shall furnish the clerk with instructions for service of the complaint or other document and, when requested by the clerk, the plaintiff shall also furnish sufficient properly completed copies of the summons or other process. When the plaintiff has requested service by certified mail, the plaintiff, at the request of the clerk, shall also furnish properly completed postal forms necessary for such service. |
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