§ Rule 81 Applicability in general
Rule 81. Applicability in general.
(a) Proceedings controlled by statute. In the following proceedings, these rules shall be applicable to the extent that the practice in such matters is not provided by statute:
(1) Abatement of nuisances.
(2) Administration of trust for payment of security of debts.
(3) Claim and contest of exemptions.
(4) Condemnation under § 2-2-31 Code of Alabama 1975.
(5) Contest of probate of will.
(6) Contested elections.
(7) Corrections of errors in the Probate Court.
(8) Delayed birth certificate.
(9) Determination of paternity of illegitimates.
(10) Disposition of property of educational corporations.
(11) Dissolution, liquidation, or consolidation of corporations.
(12) Forfeiture of contraband property.
(13) Habeas corpus.
(14) Impeachment.
(15) Injunctions by or in the name of the state, or by or against a state agency, agent thereof, or a state official.
(16) Injunctions by or against a municipality or against its officers, agents or employees.
(17) Insolvent banks.
(18) Liquidation of the assets of a public warehouse.
(19) Mandamus, prohibition, certiorari and other remedial writs of a supervisory nature.
(20) Negligence action against a municipality.
(21) Proceedings in rem to establish title to land.
(22) Protection of estates of intemperates or inebriates.
(23) Quo warranto or actions in the nature thereof.
(24) Redemption of real estate.
(25) Relieving disabilities of non-age.
(26) Removal of property of a minor or a trust estate to this state or to another state.
(27) Substitution of a lost or destroyed record or instrument.
(28) Summary motion proceedings under Title 6, Chapter 6, Article 16, Code of Alabama 1975.
(29) Vacating and annulling maps, plats, streets, alleys and roads.
(30) Validation of obligations.
(31) Workers' compensation.
(32) All other actions or proceedings removed, appealed, taken by certiorari or otherwise brought into the courts enumerated in Rule 1. The applicability of these rules as provided in this subdivision (a) shall not affect the scope of review or hearing.
(b) Applicability to tribunals other than courts. These rules are not applicable to any proceeding in which the adjudication of the controversy is by any selected individual or individuals, by any official or officials, or by an administrative agency or official body of any kind, other than the courts enumerated in Rule 1. Any statute applicable to such a proceeding, in effect at the date of approval or enactment otherwise into law of these rules, and adopting circuit court procedures therefor, in whole or in part, shall be understood to refer to these rules.
(c) Scire facias abolished. The writ of scire facias is abolished. Relief heretofore available by scire facias may be obtained by appropriate action or appropriate motion under the practice prescribed in these rules.
(d) Office of register preserved. Nothing in these rules shall be construed as abrogating the office of the register; whenever “clerk” is referred to in these rules, the term shall include the register. “Court” and “judge” as used in these rules and the language of Rule 77(c) shall not be construed to prevent the register from performing any judicial or quasi-judicial function authorized outside these rules.
(e) Modernization of terminology. Any device or procedure referred to in any decision, statute, or rule, shall be taken and understood to mean the device or procedure proper under these rules; thus, and these examples are intended in no way to limit the applicability of this general statement:
“Bill of complaint,” “bill,” or “bill in equity” shall mean a complaint as specified in these rules;
“Plea in abatement” shall be understood to mean “motion”;
“Demurrer” shall be understood to mean “motion to dismiss for failure to state a claim” or “motion to strike an insufficient defense” as set out in Rule 12;
“Plea” shall mean “motion” or “answer” whichever is appropriate under these rules;
“Plea of set-off” or “set-off” shall be understood to mean a permissive counterclaim;
“Plea of recoupment” or “recoupment” shall refer to a compulsory counterclaim;
“Cross-bill” shall be understood to refer to a counterclaim, a cross-claim, or a third-party complaint, whichever is appropriate under these rules;
“Revivor,” “revive,” or “revived,” used with reference to actions, shall refer to the substitution procedure set out in Rule 25;
“Decree pro confesso” shall be understood to mean entry of default as provided in Rule 55;
“Decree” shall mean a judgment, as defined in Rule 54;
“Scire facias” or “writ of scire facias” shall be understood to mean a motion or action under these rules, as provided in subdivision (c) of this Rule;
“Rendition,” or “render” or “rendered” with reference to a judgment, order, or decree shall be understood to mean “entry” of the judgment or order as provided in Rule 58(c); so that all applicable statutes outside of these rules, attaching legal consequence to the “rendition” of a judgment, order, or decree, may be harmonized with Rule 58(c).
References in these rules to title and section of “Code of Ala.” or “Code of Alabama 1975” primarily refer to title and section of the Code of Alabama 1975 as last amended when these rules were revised in 1995. References in “Committee Comments on 1973 Adoption” to title and section of Code of Ala. or Code of Alabama primarily refer to title and section of the Code of Alabama 1940 (Recomp. 1958) as last amended when these rules were adopted.
(dc) District Court Rule. Rule 81 applies in the district courts except that reference to all proceedings other than actions based on negligence against municipalities, actions seeking substitution of lost or destroyed records or instruments, summary motion proceedings, or proceedings relieving disabilities of non-age are deleted.