When a change or transfer of venue has been ordered pursuant to Section 6-3-20 or Section 6-3-21, the clerk of the court shall make a copy of the docket sheet in the action and shall certify under the seal of the court that the same is a true copy. The clerk shall envelope and securely seal the copy of the docket sheet, together with the orders, pleadings, motions, or other papers in the action, shall write his name across the seal and shall certify on the back of the envelope that the enclosed papers, numbered from 1 - __, include all the orders, pleadings, motions, or other papers in the action, naming it; and such signatures and certificates must be received as true until the contrary is shown. The clerk may deliver this package in person or send it by registered or certified mail, return receipt requested, to the clerk of the court to which such action has been changed or transferred, and, if not mutilated or defaced, it must be presumed to be as it came from the hands of the clerk of the court from which the action is changed or transferred. The clerk of the court to which such action has been changed or transferred shall cause notice of such change or transfer to be served on all parties of record as provided in the Alabama Rules of Civil Procedure. The time for answer by any defending party shall be governed by and shall be computed in accordance with the Alabama Rules of Civil Procedure; except, that said time period shall commence to run from the service of notice of change or transfer.
(Code 1852, §2363; Code 1867, §2766; Code 1876, §3116; Code 1886, §2647; Code 1896, §4212; Code 1907, §6118; Code 1923, §10478; Code 1940, T. 7, §§64(2), 68; Acts 1961, Ex. Sess., No. 76, p. 1953, §2; Acts 1967, No. 593, p. 1379.)
Notes of Decisions
Cited in
7
cases, 1980–2005 · leading case:
Ex Parte Pratt, 815 So. 2d 532 (Ala. 2001).
Ex Parte Pratt, 815 So. 2d 532 (Ala. 2001).
· cites it 2× “Transfer of the action and notice thereof shall be in accord with Section 6-3-22." (Emphasis added.) [8] The Alabama Rules of Civil Procedure, unlike the Federal Rules of Civil Procedure, do not require the plaintiff to plead facts establishing the jurisdiction of the trial…”
Unum Life Ins. Co. of Am. v. Wright, 897 So. 2d 1059 (Ala. 2004).
· cites it 2× “Transfer of the action and notice thereof shall be in accord with Section 6-3-22." Subsection (a)(2) is inapplicable here because Unum, a Delaware corporation with its principal place of business in Portland, Maine, does not have a "principal office" in Alabama.”
Ex Parte Haynes Downard Andra & Jones, LLP, 924 So. 2d 687 (Ala. 2005).
“Transfer of the action and notice thereof shall be in accord with Section 6-3-22. "(d) Notwithstanding Section 6-3-10, or any local laws relating to venue, in any county having two courthouses, the divisions shall be treated as two separate judicial districts for purposes of…”
Little v. Se. Com. Fin., 924 So. 2d 687 (Ala. 2005).
“Transfer of the action and notice thereof shall be in accord with Section 6-3-22. “(d) Notwithstanding Section 6-3-10, or any local laws relating to venue, in any county having two courthouses, the divisions shall be treated as two separate judicial districts for purposes of…”
Pratt v. WestPoint Stevens, Inc., 815 So. 2d 532 (Ala. 2001).
“Transfer of the action and notice thereof shall be in accord with Section 6-3-22." (Emphasis added.) . The Alabama Rules of Civil Procedure, unlike the Federal Rules of Civil Procedure, do not require the plaintiff to plead facts establishing the jurisdiction of the trial court.”
Opinion of the Clerk, 377 So. 2d 1081 (Ala. 1980).
“Castle refers to § 6-3-22, Code of Alabama, 1975 which states: “When a change or transfer of venue has been ordered pursuant to § 6-3-20 or § 6-3-21, the clerk of the court shall make a copy of the docket sheet in the action and shall certify under the seal of the court that the…”
Opinion of the Clerk, 412 So. 2d 263 (Ala. 1982).
“” The first sentence of § 6-3-22, Code 1975, reads: *264 “When a change or transfer of venue has been ordered pursuant to section 6-3-20 or section 6-3-21, the clerk of the court shall make a copy of the docket sheet in the action and shall certify under the seal of the court…”
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