Electronic Filing of Documents

(A) Electronic Filing. Any document electronically filed in a case, other than an appellate case, in which electronic filing is authorized must be accepted by the clerk of the court, except that the Administrative Office of Courts ("the AOC") has the discretion to determine the types of documents that are not available for electronic filing. The clerk of the court is not responsible for verifying that the version of the electronically filed document available for viewing through the court's electronic-filing system is complete, clear, and accurately depicts the document as transmitted. Individuals who file documents electronically in a case must remain diligent in keeping track of the updated list of document types that are not available for electronic filing. The AOC will publish policies and procedures pertaining to electronic filing to be placed on the AOC's website. (B) Difficulties Caused by Technology. If a party misses a filing deadline because of a technical inability to electronically file a document, the party must file the document within the time prescribed in this rule, accompanied by a motion to accept the document as timely filed, before the court will accept the document. The motion must include a declaration stating the reason or reasons for missing the deadline and requesting that the document be accepted as timely filed. The document and motion must be filed no later than the first day on which the court is open for business following the deadline date for filing the document. If the court grants the motion to accept the document as timely filed, the document will be deemed timely filed on the date the court grants the motion, except that this rule may not extend any statutory deadline, such as a deadline imposed by a statute of limitations or statute of repose. [Added eff. 12-3-2018; Amended 7-22-2025, effective 9-1-2025.] Committee Comments to the Amendment of Rule 44 Effective September 1, 2025 This rule applies to non-appellate cases only. Rule 57(k), Ala. R. App. P., addresses technical difficulties when submitting electronic filings in appellate cases. Note from the reporter of decisions: The order adopting Rule 44, effective December 3, 2018, 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 44, Alabama Rules of Judicial Administration, and adopting the Committee Comments thereto, effective September 1, 2025, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.