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Standing Orders

In the Circuit Court of Morgan County, Alabama
Amended Standing Order

October 14, 2009
Regarding Civil and Domestic Relations
Pretrial Matters

In any domestic relations (except DHR child support matters) or any jury or non-jury civil case (except civil asset forfeiture and seizure cases filed by the State of Alabama, i.e., condemnation cases pursuant to § 20-2-93, Code of Alabama, 1975) set for trial in this Circuit Court, wherein a specific Pretrial Order has not been entered, it is ORDERED that each Plaintiff and each Defendant shall comply with, and shall be bound by, the following:

  1. In a non-domestic relations civil case, each Plaintiff and each Defendant shall provide the Court before trial with a statement of the party’s contentions setting forth a concise narrative of material facts, theories of liability, damages claimed, general and affirmative defenses.
    In domestic relations cases, each party shall submit to the Judge assigned to hear the case a concise written statement of the specific relief requested by that party including, but not limited to, a listing of real and personal property requested.
  2. Not later than fourteen (14) days before a scheduled trial docket call, each party shall file and serve a list describing with reasonable particularity all documents, exhibits and physical evidence to be used at trial. Said list may be supplemented by each party one time not later than seven (7) days before the scheduled trial docket call. Each party shall be entitled to inspect and copy any document, exhibit or physical evidence (if capable of photocopying) so listed by another party.

    (a) Documents, exhibits or physical evidence not included within the list filed pursuant to this Order may not be offered in evidence at the trial except for the limited purpose of impeachment or unless the ends of justice so require.
    (b) Before the commencement of trial, each party shall provide the court reporter with an exhibit list.
    (c) Before commencement of a domestic relations trial that involves minor children, each party shall submit a completed, signed and notarized child support income affidavit.

  3. If applicable, all doctor, medical, hospital or other healthcare professional’s bills shall be admitted in evidence as reasonable in amount without further proof, unless written objection to the reasonableness of one or more particular bills is filed and served upon the opposing party or counsel within ten (10) days after copies of such bills are hand-delivered or transmitted by mail or facsimile to the objecting party or counsel.
  4. A list of witnesses expected to testify shall be filed and served by each party at least fourteen (14) days before a scheduled trial docket call. Said list may be supplemented one time by each party not later than seven (7) days before the scheduled trial docket call. Each party also shall provide the court reporter with a list of witnesses before trial. No witness will be allowed to testify, except when the ends of justice so require, if he/she is not included within the lists exchanged under this Order. This disclosure requirement shall not apply to witnesses who are called exclusively for rebuttal and for no other purpose.
  5. If a jury case, all requested written jury instructions shall be submitted to the Court not later than the close of the Plaintiff’s case-in-chief, subject to the right of any party to supplement the written requested instructions during the course of trial on matters which cannot be reasonably anticipated.
  6. All motions shall be filed and served on or before fourteen (14) days prior to the scheduled trial docket call.
  7. Continuation of Trial:
    (a) If the continuance of a trial is granted upon a motion filed more than fourteen (14) days before a scheduled trial docket call and before all parties have filed the statements, lists, and motions required by this Order, then all parties shall be entitled to file original, amended, or supplemental statements, lists, and motions before the next scheduled trial docket call in accordance with Paragraphs 1,2,4, and 6 of this Order.
    (b) If the continuance of a trial is granted upon a motion filed within fourteen (14) days before a scheduled trial docket call, then no party shall be entitled to file new amended, or supplemental statements, lists, and motions pursuant to this Order except by written agreement of all parties or by leave of the Court for good cause shown.

This Order supersedes the Amended Standing Order Regarding Civil and Domestic Relations Pretrial Matters which was entered by the Court on March 6, 2002, and shall take effect with respect to trial dockets scheduled on or after October 14, 2009.

The Clerk or Judicial Assistant who prepares and publishes a domestic relations, civil jury, or non-jury trial docket shall include on the computer generated notice the statement attached to this Order as Exhibit "A".

The Clerk is to provide a copy of this Order to all members of the Morgan County Bar association and to provide copies to out-of-county attorneys as requested.

DONE this 14th day of October, 2009.

Glenn E. Thompson,
PRESIDING CIRCUIT JUDGE

EXHIBIT “A”

IF NO SPECIFIC ORDER WAS ENTERED IN THIS CASE, THEN THE PARTIES ARE BOUND BY THE STANDING PRE-TRIAL ORDER DATED OCTOBER 14, 2009, ON FILE WITH THE CLERK.