For the past Several years, budgetary restraints on the Alabama Judicial System have threatened the efficacy of our courts. In the fall of 2003, the severity of the dilemma climaxed when hundreds of court employees throughout the state lost their jobs. As part of the relief effort, House Bill 308 was passed in the 2004 Regular Session which increased various court costs for civil filings and established filing fees for certain dispositive motions such as motions for summary judgment and judgment on the pleadings (see Alabama Code §12-19-71(a)(10)). The revenue produced through HB 308 was intended to bring the court system closer to full capacity. Upon a recent assessment of the revenue reports from the past fiscal year, the Administrative Office of Courts (AOC) has detected a shortfall on the collection of costs for dispositive motions. A closer review of court files indicates that confusion may exist between attorneys, clerks and judges regarding which motions require a fee. It is necessary for the resilience of the judicial system that any confusion over motion fees pursuant §12-19-71(a)(10) be eradicated. At the same time, fairness dictates that we take appropriate measures to ensure that a uniform system exists. At a recent meeting of circuit and district judges, the chief justice announced the implementation of a standardized Motion Cover Sheet. This sheet will be used in all civil cases and is necessary to secure our court system.

The Motion Cover Sheet will require an attorney filing a motion to choose from a list of specific motion types. AOC conducted a file audit of several counties, which revealed motions titled differently than the relief requested. For example, many motions for summary judgment went uncharged by the clerk because they were titled "Motion to Dismiss." According to §12-19-71(a)(10), Motions to Dismiss pursuant to Rule 12(b) are exempt from the dispositive motion fee. Filings titled Motions to Dismiss that are actually Motions for Summary Judgments divert the filing clerk's attention from the true nature of the motion and fees go uncharged. With the Motion Cover Sheet, attorneys will be required to select the correct nature of their motion from a predetermined list. Upon the filing of the cover sheet with the motion, the clerk can more readily identify the type of purported motion with ease whether a fee should be charged.

An additional source of the problem includes dispositive motions filed in open court. The collection of filing fees is a duty of the clerk, not the judge. Our judges, who are currently overloaded with cumbersome dockets, should not bear the burden of collecting fees. If a motion requiring a fee is filed in open court, the judge will require the filing party or attorney to file the Motion Cover Sheet and, if necessary, remit payment retroactively to the Clerk's Office. If an attorney or party files a motion in open court which does not require a fee, it should be accompanied with a cover sheet for accountability purposes. The layout of the Motion Cover Sheet is relatively simple as not to place an excessive burden on judges or their staffs when they are asked to file motions in open court.

Prior to the implementation of the cover sheet, members of the bar should become familiar not only with its purpose but also with its application. House Bill 308 excludes workers' compensation and small claims cases from filing fees for dispositive motions, so the cover sheet will not be required in these cases. A cover sheet must be filed per motion; however if the same motion is filed against numerous parties simultaneously, only one cover sheet is required. The cover sheet should accompany all motions whether filed with the clerk or filed in open court. Copies will be available at all circuit clerks' offices and will also be made available on the AOC website ww.alacourt.gov). Prior to implementing statewide use of the coversheet, an evaluation period will be conducted in Montgomery County and Lee County.

Since the ratification of House Bill 308, members of the bar have been overwhelmingly cooperative with the judicial system. Attorneys have recognized the judicial system's need for monetary support to function at adequate capacity. The bar has exhibited an exceptional level of unity and support which has enabled the courts to survive on a limited budget. AOC understands that the Motion Cover Sheet will be an additional burden on attorneys, but the burden is relatively disproportionate to the overall need for a suitably funded judicial system.

To view the Motion Cover Sheet, click the link below:

Motion Cover Sheet