Rule 4. Process: General and miscellaneous provisions

Alabama Rules of Civil Procedure

II. Commencement of action; service of process, pleadings,

motions, and orders.

Rule 4.

Process: General and miscellaneous provisions.

(a) Summons or other process.

(1)

Issuance. Upon the filing of the complaint, or other document

required to be served in the manner of an original complaint, the clerk shall

forthwith issue the required summons or other process for service upon each

defendant. Upon request of the plaintiff separate or additional summons shall issue

at any time against any defendant.

(2)

FORM. The summons or other process, or each of them in cases

involving multiple defendants, shall be signed by the clerk, contain the name of the

court and the name of the first party on each side with an appropriate indication of

other parties in cases involving multiple parties, be directed to the defendant or

each defendant in cases involving multiple defendants, state the name and

address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the

time within which these rules require the defendant to appear and defend, and

shall notify the defendant that, in case of the defendant's failure to do so, judgment

by default may be rendered against the defendant for the relief demanded in the

complaint.

(3)

COPY OF COMPLAINT OR OTHER DOCUMENT. A copy of the complaint,

showing the case number assigned to the action, or other document to be served

shall accompany each summons or other process. The plaintiff shall furnish the

clerk with sufficient copies of the complaint or other document to be served. Copies

are not required if the complaint or other document is filed electronically.

(4)

PLAINTIFF AND DEFENDANT DEFINED. For the purpose of issuance and

service of summons or other process, "plaintiff" shall include any party seeking the

issuance of service of summons, and "defendant" shall include any party upon

whom service of summons or other process is sought.

r document to be served. Copies

are not required if the complaint or other document is filed electronically.

(4)

PLAINTIFF AND DEFENDANT DEFINED. For the purpose of issuance and

service of summons or other process, "plaintiff" shall include any party seeking the

issuance of service of summons, and "defendant" shall include any party upon

whom service of summons or other process is sought.

(5)

INSTRUCTIONS AND FORM. The plaintiff shall furnish the clerk with

instructions for service of the complaint or other document and, when requested

by the clerk, the plaintiff shall also furnish sufficient properly completed copies of

the summons or other process. When the plaintiff has requested the clerk to issue

service by certified mail, the plaintiff, at the request of the clerk, shall also furnish

properly completed postal forms necessary for such service.

(b)

Time limit for service. If service of the summons and complaint

is not made upon a defendant within 120 days after the filing of the

complaint, the court, upon motion or on its own initiative, after at least

fourteen (14) days' notice to the plaintiff, may dismiss the action without

prejudice as to the defendant upon whom service was not made or direct

that service be effected within a specified time; provided, however, that if

the plaintiff shows good cause for the failure to serve the defendant, the

court shall extend the time for service for an appropriate period. This

subdivision does not apply to fictitious-party practice pursuant to

may dismiss the action without

prejudice as to the defendant upon whom service was not made or direct

that service be effected within a specified time; provided, however, that if

the plaintiff shows good cause for the failure to serve the defendant, the

court shall extend the time for service for an appropriate period. This

subdivision does not apply to fictitious-party practice pursuant to

(c)

Upon whom process served. Service of process, except

service by publication as provided in Rule 4.3, shall be made as follows:

(1)

INDIVIDUAL. Upon an individual, other than a minor or an

incompetent person, by serving the individual or by leaving a copy of the

summons and the complaint at the individual's dwelling house or usual

place of abode with some person of suitable age and discretion then

residing therein or by delivering a copy of the summons and the complaint

to an agent authorized by appointment or by law to receive service of

process;

(2)

MINOR. Upon a minor by serving any one of the following: the

father, the mother, the guardian, the individual having care of the minor or

with whom the minor lives, or the spouse, if the minor is married, and, if the

minor is over the age of sixteen (16) years, by also serving the minor

personally;

(3)

INCOMPETENT NOT CONFINED. Upon an incompetent person not

confined by serving the incompetent and that person's guardian but, if no

guardian has been appointed, by serving the incompetent and a person with

whom the incompetent lives or a person who cares for the incompetent;

(4)

INCOMPETENT CONFINED. Upon an incompetent person not

having a guardian and confined in any institution for the mentally ill or

mentally deficient, by serving the superintendent of the institution or similar

official or person having the responsibility for custody of the incompetent

person;

mpetent and a person with

whom the incompetent lives or a person who cares for the incompetent;

(4)

INCOMPETENT CONFINED. Upon an incompetent person not

having a guardian and confined in any institution for the mentally ill or

mentally deficient, by serving the superintendent of the institution or similar

official or person having the responsibility for custody of the incompetent

person;

(5)

INCARCERATED PERSON. Upon an individual incarcerated in any

penal institution or detention facility within this state, by serving the

individual, except that when the individual to be served is a minor, by serving

any one of the following: the father, the mother, the guardian, the individual

having care of the minor, or the spouse, if the minor is married, and, if the

minor is over the age of sixteen (16) years, by also serving the minor

(6)

CORPORATIONS AND OTHER ENTITIES. Upon a domestic or

foreign corporation or upon a partnership, limited partnership, limited liability

partnership, limited liability company, or unincorporated organization or

association, by serving an officer, a partner (other than a limited partner), a

managing or general agent, or any agent authorized by appointment or by

law to receive service of process.

(7)

STATE. Upon this state or any one of its departments,

agencies, offices, or institutions, by serving the officer responsible for the

administration of the department, agency, office, or institution, and by

serving the attorney general of this state;

(8)

LOCAL GOVERNMENTS AND OTHER GOVERNMENTAL ENTITIES.

Upon a county, municipal corporation, or any other governmental entity not

previously mentioned, or an agency thereof, by serving the chief executive

officer or the clerk, or other person designated by appointment or by statute

to receive service of process, or upon the attorney general of the state if

such service is accompanied by an affidavit of a party or the party's attorney

that all such persons described herein are unknown or cannot be located.

al entity not

previously mentioned, or an agency thereof, by serving the chief executive

officer or the clerk, or other person designated by appointment or by statute

to receive service of process, or upon the attorney general of the state if

such service is accompanied by an affidavit of a party or the party's attorney

that all such persons described herein are unknown or cannot be located.

(d)

Amendment. The court, within its discretion and upon such

terms as are just, may at any time allow or approve the amendment of any

process or proof of service thereof, unless the amendment would cause

material prejudice to the substantial rights of the party against whom the

process was issued.

(e)

Service refused. If service of process is refused, and the

certified mail receipt or the return of the person serving process states that

service of process has been refused, the clerk shall send by ordinary mail

a copy of the summons or other process and complaint or other document

to be served to the defendant at the address set forth in the complaint or

other document to be served. Service shall be deemed complete when the

fact of mailing is entered of record.

(f)

Multiple defendants; incomplete service; dismissal of

fictitiously named defendants. When there are multiple defendants and the

summons (or other document to be served) and the complaint have been

served on one or more, but not all, of the defendants, the plaintiff may

proceed to judgment as to the defendant or defendants on whom process

has been served and, if the judgment as to the defendant or defendants

who have been served is final in all other respects, it shall be a final

judgment. After the entry of judgment, if the plaintiff is able to obtain service

d the complaint have been

served on one or more, but not all, of the defendants, the plaintiff may

proceed to judgment as to the defendant or defendants on whom process

has been served and, if the judgment as to the defendant or defendants

who have been served is final in all other respects, it shall be a final

judgment. After the entry of judgment, if the plaintiff is able to obtain service

on a defendant or defendants not previously served (except, however,

defendants designated as fictitious parties as allowed by Rule 9(h), who

shall be deemed to have been dismissed voluntarily when the case was

announced ready for trial against other defendants sued by their true

names), the court shall hear and determine the matter as to such defendant

or defendants in the same manner as if such defendant or defendants had

originally been brought into court, but such defendant or defendants shall

be allowed the benefit of any payment or satisfaction that may have been

made on the judgment previously entered in the action.

(g)

Effect of availability of alternative or dual modes of service of

process. There shall be no objection to the service of process or notice to

litigants, that two or more modes of service of notice are provided by law or

under these rules, but service of notice perfected in any one manner or

mode that is provided for by law or under these rules shall be deemed

sufficient, notwithstanding that other modes or manner of service and notice

are provided by law or under these rules.

(h)

Acceptance or waiver of service. A defendant may accept or

waive service of process by a document signed by the defendant and filed

with the clerk of court from which the process issued.

manner or

mode that is provided for by law or under these rules shall be deemed

sufficient, notwithstanding that other modes or manner of service and notice

are provided by law or under these rules.

(h)

Acceptance or waiver of service. A defendant may accept or

waive service of process by a document signed by the defendant and filed

with the clerk of court from which the process issued.

(i)

Methods of service. Service under this rule shall include the

following:

(1)

DELIVERY BY A PROCESS SERVER.

(A)

By Sheriff or Constable. When process issued from any court

subject to the provisions of these rules is to be delivered personally within

this state, the clerk of the court shall deliver or mail the process and

sufficient copies of the process and complaint, or other documents to be

served, to the sheriff or constable of the county in which the party to be

served resides or may be found.

(B)

By Designated Person. As an alternative to delivery by the

sheriff, or when process is to be delivered personally outside this state,

process issuing from any court governed by these rules may be served by

any person not less than nineteen (19) years of age, who is not a party and

is not related within the third degree by blood or marriage to the party

seeking service of process.

(C)

How Served and Returned. The person serving process shall

deliver a copy of the process and accompanying documents to the

defendant or other person who may be served under the provisions of Rule

y be served by

any person not less than nineteen (19) years of age, who is not a party and

is not related within the third degree by blood or marriage to the party

seeking service of process.

(C)

How Served and Returned. The person serving process shall

deliver a copy of the process and accompanying documents to the

defendant or other person who may be served under the provisions of Rule

4(c). When the copy of the process has been delivered, the person serving

process shall endorse that fact on the return copy of the process, stating

the date of service and the first and last name of the person served. If the

service is substituted service on a person other than the defendant, the

return shall also include sufficient information to show the person served

qualifies as a person to be served for the defendant under Rule 4(c). The

return shall be signed by the server and filed with the clerk of the issuing

court, who shall make the appropriate entry on the docket sheet and

electronic record relating to the action.

If the service is made by a sheriff, deputy sheriff, or elected

constable, the return shall clearly indicate the name, official title, and badge

number or precinct number of the serving officer or constable. If the service

is made by a Designated Person under Rule 4(i)(1)(B), the return shall

clearly indicate the name, the physical address of the home or business,

and the telephone number of the person serving process and must include

a statement that the server meets the requirements of Rule 4(i)(1)(B). The

return of the person serving process in the manner described herein shall

be prima facie evidence that process has been served.

(D)

Failure of Service

B), the return shall

clearly indicate the name, the physical address of the home or business,

and the telephone number of the person serving process and must include

a statement that the server meets the requirements of Rule 4(i)(1)(B). The

return of the person serving process in the manner described herein shall

be prima facie evidence that process has been served.

(D)

Failure of Service. When the person serving process is unable

to serve a copy of the process within sixty (60) days from issuance of the

process by the clerk of court, the person serving process shall endorse that

fact and the reason therefor on the process and return the process and

copies to the clerk, who shall make the appropriate entry on the docket

sheet and the electronic record relating to the action. Failure to make

service within the sixty- (60-) day period and failure to make proof of service

do not affect the validity of service perfected beyond that period.

(2)

SERVICE BY CERTIFIED MAIL.

(A)

When Proper. When the plaintiff files a written request with the

clerk for service by certified mail, service of process shall be made by that

method. Alternatively, the attorney or party filing the process and complaint

may initiate service by certified mail as provided in this rule.

(B)

How Served. (i) In the event of service by certified mail by the

clerk, the clerk shall place a copy of the process and complaint or other

document to be served in an envelope and shall address the envelope to

the person to be served with instructions to forward. In the case of an entity

within the scope of one of the subdivisions of Rule 4(c), the addressee shall

be a person described in the appropriate subdivision. The clerk shall affix

adequate postage and place the sealed envelope in the United States mail

as certified mail with instructions to forward, return receipt requested, with

velope to

the person to be served with instructions to forward. In the case of an entity

within the scope of one of the subdivisions of Rule 4(c), the addressee shall

be a person described in the appropriate subdivision. The clerk shall affix

adequate postage and place the sealed envelope in the United States mail

as certified mail with instructions to forward, return receipt requested, with

instructions to the delivering postal employee to show to whom delivered,

date of delivery, and address where delivered. The case number of the case

in which the pleading has been filed shall be included on the return receipt.

The clerk shall forthwith enter the fact of mailing on the docket sheet of the

action and make a similar entry when the return receipt is received.

(ii) Alternatively, the attorney or party filing the process and

complaint or other document to be served may obtain a copy of

the filed pleading from the clerk or, if the pleading was filed

electronically, use the copy returned electronically by the clerk.

The attorney or party shall then place that copy of the process

and complaint or other document to be served in an envelope and

address the envelope to the person to be served with instructions

to forward. In the case of an entity within the scope of one of the

subdivisions of Rule 4(c), the addressee shall be a person

described in the appropriate subdivision. The attorney or party

shall affix adequate postage and place the sealed envelope in the

United States mail as certified mail with instructions to forward,

return receipt requested, with instructions to the delivering postal

employee to show to whom delivered, date of delivery, and

address where delivered. The return receipt shall be addressed

to the clerk of the court issuing the process and shall identify the

case number of the case in which the pleading has been filed

in the

United States mail as certified mail with instructions to forward,

return receipt requested, with instructions to the delivering postal

employee to show to whom delivered, date of delivery, and

address where delivered. The return receipt shall be addressed

to the clerk of the court issuing the process and shall identify the

case number of the case in which the pleading has been filed.

Upon mailing, the attorney or party shall immediately file with the

court an "Affidavit of Certified Mailing of Process and Complaint."

That affidavit shall verify that a filed copy of the process and

complaint or other document to be served has been mailed by

certified mail in accordance with this rule.

(C)

When Effective. Service by certified mail shall be deemed

complete and the time for answering shall run from the date of delivery to

the named addressee or the addressee's agent as evidenced by signature

on the return receipt. Within the meaning of this subdivision, "agent" means

a person or entity specifically authorized by the addressee to receive the

addressee's mail and to deliver that mail to the addressee. Such agent's

authority shall be conclusively established when the addressee

acknowledges actual receipt of the summons and complaint or the court

determines that the evidence proves the addressee did actually receive the

summons and complaint in time to avoid a default. An action shall not be

dismissed for improper service of process unless the service failed to inform

the defendant of the action within time to avoid a default. In the case of an

entity included in one of the provisions of Rule 4(c), "defendant," within the

meaning of this subdivision, shall be such a person described in the

applicable subdivision of 4(c).

laint in time to avoid a default. An action shall not be

dismissed for improper service of process unless the service failed to inform

the defendant of the action within time to avoid a default. In the case of an

entity included in one of the provisions of Rule 4(c), "defendant," within the

meaning of this subdivision, shall be such a person described in the

applicable subdivision of 4(c).

(D)

Failure of Delivery. Failure to make service within sixty (60)

days from issuance of the process by the clerk of the court and failure to

make proof of service do not affect the validity of service perfected beyond

that period.

Rule 4(i)(3), Alabama Rules of Civil Procedure

(3)

Service by Commercial Carrier.

(A)

When Proper.

(i)

When the plaintiff files a written request with

the clerk for service by commercial carrier, service of

process shall be made by that method. For purposes of

this subdivision, "commercial carrier" means only those

commercial carriers approved by the Administrative

Director of Courts, pursuant to Rule 45 of the Alabama

Rules of Judicial Administration. When service by

commercial carrier is initiated by the clerk, the clerk's

choice of commercial carrier is limited to those approved

by the Administrative Director of Courts.

(ii)

Alternatively, the attorney or party filing the

process and complaint may initiate service by

commercial carrier as provided in this rule. For purposes

of this subdivision, "commercial carrier" means any

foreign or domestic business entity that is not a party to

the civil action; that has as its primary purpose the

delivery of letters and parcels of any type; and that will

deliver to the sender a written or electronic receipt

showing to whom the process and complaint were

delivered, the written or electronic signature of the

recipient, the date of delivery, the address where

delivered, and the person or entity effecting delivery.

(B)

How Served.

ivil action; that has as its primary purpose the

delivery of letters and parcels of any type; and that will

deliver to the sender a written or electronic receipt

showing to whom the process and complaint were

delivered, the written or electronic signature of the

recipient, the date of delivery, the address where

delivered, and the person or entity effecting delivery.

(B)

How Served.

(i)

In the event of service by commercial

carrier initiated by the clerk, the clerk shall deliver to

the commercial carrier a copy of the process and

complaint or other document to be served in an

envelope and shall address the envelope to the person

to be served. In the case of an entity within the scope

of one of the subdivisions of Rule 4(c), the addressee

shall be a person described in the appropriate

subdivision. The clerk shall provide to the commercial

carrier payment of the required shipping costs, with

instructions to the commercial carrier to provide to the

clerk a written or electronic receipt showing to whom

the process and complaint or other document to be

served was delivered, the written or electronic

signature of the recipient, the date of delivery, the

address where delivered, and the person or entity

effecting delivery. The clerk shall forthwith enter the

fact of delivery to the commercial carrier on the docket

sheet of the action and make a similar entry when a

delivery receipt is received.

process and complaint or other document to be

served was delivered, the written or electronic

signature of the recipient, the date of delivery, the

address where delivered, and the person or entity

effecting delivery. The clerk shall forthwith enter the

fact of delivery to the commercial carrier on the docket

sheet of the action and make a similar entry when a

delivery receipt is received.

(ii)

Alternatively, the attorney or party filing

the process and complaint or other document to be

served may obtain a copy of the filed pleading from the

clerk or, if the pleading was filed electronically, use the

copy returned electronically by the clerk. The attorney

or party shall then deliver to the commercial carrier that

copy of the process and complaint or other document

to be served in an envelope and shall address the

envelope to the person to be served. In the case of an

entity within the scope of one of the subdivisions of

Rule 4(c), the addressee shall be a person described

in the appropriate subdivision. The attorney or party

shall provide to the commercial carrier payment of the

required shipping costs, with instructions to the

commercial carrier to provide to the attorney or party a

written or electronic receipt showing to whom the

process and complaint or other document to be served

was delivered, the written or electronic signature of the

recipient, the date of delivery, the address where

delivered, and the person or entity effecting delivery.

Upon delivery to the commercial carrier, the attorney or

party shall immediately file with the court an "Affidavit

of Delivery to a Commercial Carrier of Process and

Complaint." That affidavit shall verify that a filed copy

of the process and complaint or other document to be

served has been delivered to a commercial carrier in

accordance with this rule.

son or entity effecting delivery.

Upon delivery to the commercial carrier, the attorney or

party shall immediately file with the court an "Affidavit

of Delivery to a Commercial Carrier of Process and

Complaint." That affidavit shall verify that a filed copy

of the process and complaint or other document to be

served has been delivered to a commercial carrier in

accordance with this rule.

(C)

When Effective. Service by commercial carrier shall be

deemed complete and the time for answering shall run from the date

of delivery as evidenced by the commercial carrier's written or

electronic receipt showing to whom the process and complaint or

other document to be served was delivered, the written or electronic

signature of the recipient, the date of delivery, the address where

delivered, and the person or entity effecting delivery. When service

is initiated under Rule 4(i)(3)(B)(ii), the attorney or party shall, within

ten (10) days after receiving the commercial carrier's written or

electronic delivery receipt, file with the court a "Proof of Service by

Commercial Carrier" that identifies the commercial carrier and

explains the method of service, states the name of the person

served, notes the date of delivery, and has attached a printed copy

of the commercial carrier's written or electronic delivery receipt or

other evidence of delivery. Within the meaning of this subdivision,

"agent" means a person or entity specifically authorized by the

addressee to receive the addressee's commercial-carrier deliveries

and to deliver them to the addressee. Such agent's authority shall be

conclusively established when the addressee acknowledges actual

receipt of the summons and complaint or the court determines that

the evidence proves the addressee did actually receive the summons

and complaint in time to avoid a default. An action shall not be

dismissed for improper service of process unless the service failed

to inform the defendant of the action within time to avoid a default

clusively established when the addressee acknowledges actual

receipt of the summons and complaint or the court determines that

the evidence proves the addressee did actually receive the summons

and complaint in time to avoid a default. An action shall not be

dismissed for improper service of process unless the service failed

to inform the defendant of the action within time to avoid a default. In

the case of an entity included in one of the provisions of Rule 4(c),

"defendant," within the meaning of this subdivision, shall be such a

person described in the applicable subdivision of 4(c).

(D)

Failure of Delivery. Failure to make service within sixty

(60) days from issuance of the process by the clerk of the court and

failure to make proof of service do not affect the validity of service

perfected beyond that period.

(dc) District Court Rule. Rule 4 applies in the district courts.

[Amended 6-17-75; Amended 10-14-76, eff. 1-16-77; Amended 1-4-82, eff. 3-182;

Amended 1-21-86, eff 9-1-87; Amended eff. 6-20-89; Amended eff. 8-1-92;

Amended eff. 10-1-95; Amended eff. 8-1-2004; Amended eff. 10-24-2008;

Amended 2-19-2016, eff. 7-1-2016, Amended eff. 8-14-2023, Adopted 8-142023.]

Committee Comments on 1977

Complete Revision

Committee Comments to Amendment to Rule 4(f) Effective

March 1, 1982

Rule 4(f) is amended so as to harmonize its provisions with those portions

of Rule 54(b) which withhold finality to judgments against fewer than all parties.

Thus, in the event of a judgment against all defendants who have been served, the

judgment shall be deemed final notwithstanding the provisions of Rule 54(b). See

Ford Motor Credit Co. v. Carmichael, 383 So.2d 539 (Ala.1980) for a contrary result

under Rules 4 and 54 prior to the proposal of this revision.

Committee Comments to Amendment to Rule 4(f) Effective

September 1, 1987

The September 1, 1987, amendment to Rule 4(f) added the parenthetical

clause dealing with fictitious parties

deemed final notwithstanding the provisions of Rule 54(b). See

Ford Motor Credit Co. v. Carmichael, 383 So.2d 539 (Ala.1980) for a contrary result

under Rules 4 and 54 prior to the proposal of this revision.

Committee Comments to Amendment to Rule 4(f) Effective

September 1, 1987

The September 1, 1987, amendment to Rule 4(f) added the parenthetical

clause dealing with fictitious parties. This change is intended to work a dismissal

of fictitious defendants when a case is announced ready for trial and thereby to

avoid the application of Rule 4(f) to fictitious defendants. Under this revision the

announcement of a case as ready for trial operates as a dismissal of all fictitious

defendants. This amendment also made some nonsubstantive changes to clarify

the language of the section.

Court Comment to June 20, 1989, Amendment to Rule 4(f)

This amendment made one change. In the first sentence, the phrase “the

plaintiff may proceed to trial and judgment” was amended to omit the words “trial

and.”

Committee Comments to August 1, 1992, Amendment to

Rule 4(c)(1)

The August 1, 1992, revision to Rule 4(c)(1) permits service upon an

individual by serving the individual or by leaving a copy of the summons and the

complaint at the individual’s dwelling house or usual place of abode with some

person of suitable age and discretion then residing therein or by delivering a copy

of the summons and the complaint to an authorized agent. Likewise, the

amendment to Rule 4.1(c)(3) renders service by certified mail effective from the

date of delivery to the named addressee or to his agent. The purpose of both these

changes is to simplify service requirements under Alabama law and to facilitate

service of process. While Alabama law is not yet as liberal as the Federal Rules of

Civil Procedure in this area, the August 1, 1992, amendments move Alabama

ent to Rule 4.1(c)(3) renders service by certified mail effective from the

date of delivery to the named addressee or to his agent. The purpose of both these

changes is to simplify service requirements under Alabama law and to facilitate

service of process. While Alabama law is not yet as liberal as the Federal Rules of

Civil Procedure in this area, the August 1, 1992, amendments move Alabama

closer to that position. The committee notes that courts should be vigilant to protect

the rights of defendants when default judgments are entered on the basis of service

upon an agent of the defendant. On motion to set aside a default or on motion for

relief from a default, where service has been attempted on a person alleged to be

or purporting to be an agent, no presumption of agency should be indulged in with

respect to such service and the court should be satisfied that the person upon

whom service was attempted was in fact the authorized agent of the defendant

before refusing to grant relief from a default judgment.

Committee Comments to October 1, 1995, Amendment to

Rule 4

The amendment is technical. No substantive change is intended.

Committee Comments on Complete Revision to Rules 4,

4.1, 4.2, 4.3, and 4.4, effective August 1, 2004

Committee Comments to Amendment to Rule 4 Effective

August 1, 2004

Subdivision (a) is unchanged, except that the copy of the complaint to be

served shall show the case number assigned to the action.

Subdivision (b) is new to Alabama. It is borrowed from Fed.R.Civ.P. 4(m).

The text is taken from the federal rule, except for the provisions for 14 days’ notice

and for fictitious-party practice. Former 4(b) is now 4.2(a).

Subdivision (c). Former subdivisions (6)-(9) are combined into a new

subdivision (6). The former provision allowing corporations and other business

entities to be served by certified mail at any of their usual places of business has

been eliminated

text is taken from the federal rule, except for the provisions for 14 days’ notice

and for fictitious-party practice. Former 4(b) is now 4.2(a).

Subdivision (c). Former subdivisions (6)-(9) are combined into a new

subdivision (6). The former provision allowing corporations and other business

entities to be served by certified mail at any of their usual places of business has

been eliminated. Now, personal or certified mail service must be directed to the

registered or appointed agent or to a specific person, such as an “officer.”

Subdivision (6) is patterned on Rule 4(d)(5), Ark.R.Civ.P., and Fed.R.Civ.P. 4(h)(1).

The phrase “managing or general agent” is used in a majority of the states and has

been interpreted in many federal cases. The intent is to adopt the majority rule of

federal caselaw in interpreting the phrase “managing or general agent.” Former

subdivisions (11)-(13) are combined into a new subdivision (8), which governs

service on all types of local governmental entities. New subdivision (8) is patterned

after Rule 4(d)(7), Ark.R.Civ.P., and Rule 1-004 F. (4) through (5), N.M.R.Civ.P.

Subdivision (d) is unchanged.

Subdivision (e) is unchanged.

Subdivision (f) is unchanged.

Subdivision (g) is unchanged.

Subdivision (h) as amended deletes the former provisions allowing the

defendant’s attorney to accept or waive service and requiring the acceptance or

waiver to be in writing and to be signed by the defendant and a credible witness.

Subdivision (i) includes provisions that were formerly in Rule 4.1.

Subdivision 4(i)(1)(B) eliminates the requirement for a court order to designate a

person, other than the sheriff, as a private process server. Former 4.1(b)(2)

required a court order to designate, prior to service, a specific person to be a

private process server. Subdivision 4(i)(1)(C) requires the return to show the name,

address, and telephone number of the person serving process

ule 4.1.

Subdivision 4(i)(1)(B) eliminates the requirement for a court order to designate a

person, other than the sheriff, as a private process server. Former 4.1(b)(2)

required a court order to designate, prior to service, a specific person to be a

private process server. Subdivision 4(i)(1)(C) requires the return to show the name,

address, and telephone number of the person serving process. New 4(i)(2)(C)

provides greater detail as to who signs for receipt of certified mail. If the defendant

is an entity, such as a corporation within Rule 4(c)(6), the “addressee” will have to

be a person defined in that rule, such as an “officer” or a “managing agent.” An

“agent” of the addressee may validly receive and sign for the certified mail, if that

“agent” is a person specifically authorized by the addressee to receive the

addressee’s mail. For example, an officer of a corporate defendant would be a

proper “addressee” for serving the corporation by certified mail, and that officer

could have designated a secretary or mail clerk to be the person who regularly

receives the officer’s mail. That secretary or mail clerk would be a proper “agent”

to sign the receipt for certified mail addressed to the officer. Also, new 4(i)(2)(C)

provides that no action shall be dismissed for improper service if the defendant

actually received the summons and complaint in time to avoid a default. For a

corporate defendant, a “defendant” with actual receipt would include persons

designated in Rule 4(c)(6) to receive service of process (officers, managing agents,

etc.).

Subdivision (dc) is unchanged.

Committee Comments to Amendments to Rule 4 Effective

October 24, 2008

Rule 4(a). Although Rule 4(a)(1) "Issuance" was not amended at this time,

it is the intent of these amendments that issuance by the clerk includes

electronically generated documents. Similarly, the reference in Rule 4(a)(2) to the

clerk's signature now includes an electronic signature

Subdivision (dc) is unchanged.

Committee Comments to Amendments to Rule 4 Effective

October 24, 2008

Rule 4(a). Although Rule 4(a)(1) "Issuance" was not amended at this time,

it is the intent of these amendments that issuance by the clerk includes

electronically generated documents. Similarly, the reference in Rule 4(a)(2) to the

clerk's signature now includes an electronic signature. See Rule 30(G) of the

Alabama Rules of Judicial Administration. The insertion in Rule 4(a)(3) of

"accompany" in place of "attached" is a technical amendment intended to

encompass both paper and electronic filing. This section has also been amended

to eliminate the requirement for additional service copies when electronic filing is

used. The change to Rule 4(a)(5) is required by the amendment to Rule 4(i)(2) that

creates an alternative procedure for certified mail service.

Rule 4(i). Rule 4(i)(2) is amended to continue the present method of certified

mail service by written request to the clerk and to add a new alternative method by

which the plaintiff may initiate certified mail service with notice to the clerk. The

procedure to be followed is set out in Rule 4(i)(2)(B)(ii), a new paragraph added by

this amendment. This change makes it clear that if a plaintiff elects to use certified

mail service it is the plaintiff's option to use either of the alternative methods now

provided. Whatever method of certified mail service is used, the return receipt must

include the case number and must be addressed to the clerk of the court in which

the action is pending.

Committee Comments to Amendment to Rule 4, Effective

July 1, 2016

Rule 4(a)(2) is amended to require that the summons served on the

defendant should include notice that entry of a default judgment is a possible

consequence of a served defendant’s failure to appear or to defend, rather than an

automatic result, as the previous language suggested

ourt in which

the action is pending.

Committee Comments to Amendment to Rule 4, Effective

July 1, 2016

Rule 4(a)(2) is amended to require that the summons served on the

defendant should include notice that entry of a default judgment is a possible

consequence of a served defendant’s failure to appear or to defend, rather than an

automatic result, as the previous language suggested.

Rule 4(c)(2) requires service on a minor by and through his or her mother,

father, or other representative as set out in the rule and, in addition, previously

required that minors over 12 years of age be served personally. The rule is

amended to require separate, additional personal service only on minors over the

age of 16, it appearing that separate delivery of legal process to minors under that

age is without practical benefit.

Rule 4(c)(5) is amended to incorporate the contemporaneous amendment

to Rule 4(c)(2) limiting the requirement for separate personal service to minors over

the age of 16 to require personal service on an incarcerated minor only if the minor

is over the age of 16.

Rule 4(h) is amended to state the manner for acceptance or waiver of

service of process -- by a document signed by a defendant and filed in the manner

set out in the amended rule.

Rule 4(i)(1)(B) is amended to require that persons designated to serve

process under this section must be not less than nineteen (19) years of age and

ncarcerated minor only if the minor

is over the age of 16.

Rule 4(h) is amended to state the manner for acceptance or waiver of

service of process -- by a document signed by a defendant and filed in the manner

set out in the amended rule.

Rule 4(i)(1)(B) is amended to require that persons designated to serve

process under this section must be not less than nineteen (19) years of age and

must not be a party to the action or related within the third degree by blood or

marriage to the party seeking service of process.

Rule 4(i)(1)(C) is amended to specifically encompass service on both the

defendant and substituted service on other persons who may be served on the

defendant's behalf as provided by Rule 4(c). The amendment sets out new, specific

requirements as to how service of process is to be made and how the return of

service is to be made. There has been a significant increase in the number of cases

in which a plaintiff elects to use a person designated for service of process rather

than the sheriff or other officer, and this amendment addresses that change by

providing detailed procedural guidance. This section now sets out with specificity

the manner in which service must be made and how it must be returned to the clerk

of the issuing court. The amendments to the second paragraph of this section set

out in detail the information identifying the server that must be provided on each of

the respective returns made by sheriffs, deputy sheriffs, constables, or persons

designated for service of process.

Rule 4(i)(1)(D) is amended to increase to sixty (60) days the time in which a

person serving process must make a return to the clerk of court upon failure of

service as a more practical time frame than the previous thirty- (30-) day period,

considering the administrative procedures involved

returns made by sheriffs, deputy sheriffs, constables, or persons

designated for service of process.

Rule 4(i)(1)(D) is amended to increase to sixty (60) days the time in which a

person serving process must make a return to the clerk of court upon failure of

service as a more practical time frame than the previous thirty- (30-) day period,

considering the administrative procedures involved.

Rule 4(i)(2)(D) is amended to increase to sixty (60) days the time in which

undelivered certified mail must be returned, conforming this subsection to the

contemporaneous amendment to Rule 4(i)(1)(D).

Committee Comments to Adoption of Rule 4(i)(3) Effective

August 14, 2023

Rule 4(i) is amended to add a new subdivision (3) that permits service by a

"commercial carrier." Rule 45 of the Rules of Judicial Administration, adopted

effective February 26, 2020, allows circuit clerks to substitute service by certified

mail with service by a commercial carrier approved by the Administrative Director

of Courts ("the Director"). Rule 4(i)(3) permits the serving attorney or party to elect

service by a commercial carrier. If the clerk is requested to initiate the service by

commercial carrier, Rule 4(i)(3)(A)(i) restricts the clerk to using a commercial

carrier that has been approved by the Director. The current list of approved

commercial carriers can be ascertained by contacting the

Administrative Office of Courts ("AOC").

If the attorney or party initiates the service by commercial carrier, the

attorney or party may use any "commercial carrier" within the definition stated in

Rule 4(i)(3)(A)(ii).

tricts the clerk to using a commercial

carrier that has been approved by the Director. The current list of approved

commercial carriers can be ascertained by contacting the

Administrative Office of Courts ("AOC").

If the attorney or party initiates the service by commercial carrier, the

attorney or party may use any "commercial carrier" within the definition stated in

Rule 4(i)(3)(A)(ii).

A new Form 1C. has been adopted to be used as a summons when service

is made by commercial carrier, and that form has been added to Appendix I to

these rules.

If service by commercial carrier is initiated by the attorney or party, instead

of by the clerk, the commercial carrier's evidence of service shall be returned to

the initiating attorney or party, who shall then file with the court a "Proof of Service

by Commercial Carrier" document containing the information required by Rule

4(i)(3)(C). A new Form 1D. has been adopted to serve as a "Proof of Service by

Commercial Carrier" document, and that form has been added to Appendix I to

these rules. Note that the commercial carrier's delivery charges to the initiating

attorney or party may be greater than the amount charged to the clerk, which

amount may be governed by an AOC-negotiated discounted rate.

Additionally, although Rule 4(e) sets forth a procedure to be followed when

service of process has been refused, that procedure applies only to attempted

service by certified mail or by a process server. Rule 4(e) does not apply to refusals

of attempted service by commercial carrier. If attempted service by commercial

carrier cannot be completed, the serving attorney or party will have to reattempt

service by commercial carrier or attempt a different form of service.

Note from the reporter of decisions: The order amending Rules 4, 4.1,

4.2, 4.3, 4.4, 6(a), 7(b)(2), 17(a), 22(c), and 26(b), Alabama Rules of Civil

Procedure, effective August 1, 2004, is published in that volume of Alabama

Reporter that contains Alabama cases from 867 So.2d

ving attorney or party will have to reattempt

service by commercial carrier or attempt a different form of service.

Note from the reporter of decisions: The order amending Rules 4, 4.1,

4.2, 4.3, 4.4, 6(a), 7(b)(2), 17(a), 22(c), and 26(b), Alabama Rules of Civil

Procedure, effective August 1, 2004, is published in that volume of Alabama

Reporter that contains Alabama cases from 867 So.2d.

Note from the reporter of decisions: The order amending effective

October 24, 2008, Rule 3, Rule 4, Rule 5, Rule 6, Rule 11, Rule 55, Rule 58, Rule

59.1, Rule 77, and Rule 79, and adopting effective October 24, 2008, the

Committee Comments to Amendment to Rule 3(b) Effective October 24, 2008;

Committee Comments to Amendments to Rule 4 Effective October 24, 2008;

Committee Comments to Amendments to Rule 5 Effective October 24, 2008;

Committee Comments to Amendments to Rule 6 Effective October 24, 2008;

Committee Comments to Amendment to Rule 11 Effective October 24, 2008;

Committee Comments to Amendment to Rule 55(a) Effective October 24, 2008;

Committee Comments to Amendments to Rule 58 Effective October 24, 2008;

Committee Comments to Amendment to Rule 59.1 Effective October 24, 2008;

Committee Comments to Amendments to Rule 77(d) Effective October 24, 2008;

and the Committee Comments to Addition of Rule 79(e) Effective October 24,

2008, is published in that volume of Alabama Reporter that contains Alabama

cases from 994 So. 2d.

ommittee Comments to Amendments to Rule 58 Effective October 24, 2008;

Committee Comments to Amendment to Rule 59.1 Effective October 24, 2008;

Committee Comments to Amendments to Rule 77(d) Effective October 24, 2008;

and the Committee Comments to Addition of Rule 79(e) Effective October 24,

2008, is published in that volume of Alabama Reporter that contains Alabama

cases from 994 So. 2d.

Note from the reporter of decisions: The order amending Rule 4, Ala. R.

Civ. P., and adopting the Committee Comments effective July 1, 2016, including

Justice Bolin's special writing concurring in part to and dissenting in part from that

order, in which Justice Stuart concurs, is published in that volume of Alabama

Reporter that contains Alabama cases from ___ So. 3d.

Note from the reporter of decisions: The order amending Rule

4(i)(2)(D), adopting Rule 4(i)(3), and amending Rule 45(b)(1), Alabama

Rules of Civil Procedure, adopting the Committee Comments thereto, and

adopting Form 1C. and Form 1D., effective August 14, 2023, is published

in that volume of Alabama Reporter that contains Alabama cases from __

So. 3d.