Alabama. Court of Civil Appeals

Authorities:

Acts of Alabama, 1969, Volume II. Montgomery: Skinner Printing Company, 1970.

Alabama Government Manual, sixth edition. Atlanta: Darby Printing Company, 1979.

Code of Alabama, 1975. Vol. II. Sec. 12:3:1-12:4:1. Charlottesville: The Michie Company, 1977.

The Ala. Court of Civil Appeals is one of the two courts established by the legislature in 1969 Sept. to perform the functions which had been exercised by the Court of Appeals from 1911 to 1969. The Court of Civil Appeals has exclusive appellate jurisdiction in all suits where the amount does not exceed $10,000, all appeals from administrative agencies other than the Ala. Public Service Commission, all appeals in workmen's compensation cases, all appeals in domestic relations cases, including annulment, divorce, adoption and child custody cases, and all extraordinary writs arising from appeals in such cases (Acts of Ala. 1969, Vol. II, No. 987, Sec. 3).

The Court of Civil Appeals is composed of three judges who were initially appointed by the Governor, but since 1970 have been popularly elected to six-year staggered terms. Judges must possess the same qualifications as State Supreme Court justices - they must be learned in the law, at least twenty-five years of age, and citizens of the U.S. and of Ala. for at least five years. The judge having the greatest length of service is designated the presiding judge (Acts of Ala. 1969, Vol. II, NO. 987, Sec. 21; Ala. Government Manual, p. 465).

The Court of Civil Appeals exercises original judisdiction in the issuance and determination of writs of quo warranto and mandamus in cases in which it has appellate jurisdiction. It is authorized to issue writs of injunction, habeas corpus and other remedial and original writs as are necessary to give it a general superintendence and control of courts inferior to it, and follows and is governed by Supreme Court decisions (Ala. Government Manual, p. 466).

Each judge on the Court of Civil Appeals is authorized to appoint one law clerk to assist in the performance of his duties. The Marshal and Librarian of the Supreme Court serve also as Marshal and Librarian of the Court of Civil Appeals. The Clerk of the Supreme Court is also the Clerk of the Court of Civil Appeals and may hire additional staff to help carry out this function. Each judge is also authorized to employ a confidential secretary (Ala. Government Manual, p. 466).

It is the duty of the Clerk of the Court of Civil Appeals to administer oaths and take affidavits; to issue and sign all writs and process issued under the authority of the Court; to keep in regular order the papers, dockets, and records of the Court; to keep an appearance, trail, motion, and execution docket, under the rules prescribed by the Court; to enter the day-to-day judgments and proceedings of the Court; to send, immediately after the time allowed by the Court for a call of the division of the state, certificates of the action of the Court in all causes determined during such call, showing the date, number and character of the judgment, order or decree appealed from the decision of the Court within ten days after the reversal of any judgment or decree to send to the court below a certified copy of the opinion of the Court of Civil Appeals; and at the end of each term, to have bound the transcripts of the records of all cases, with a copy of the orders made and of the final judgment or decree in each case, and the manuscript opinions of the Court decided during that term (Acts of Ala. 1969, Vol. II, Nov. 987, Sec. 31).

The Attorney General in person or by assistant must attend on the part of the state to all civil cases to which the state is a party in the Court of Civil Appeals (Acts of Ala. 1969, Vol. II, No. 987, Sec. 31).

From the description of Agency history record. (Unknown). WorldCat record id: 145408622