June 01, 2023
The Alabama Supreme Court has amended Ala. R. Civ. P. 55(b)(2), to provide that a hearing is required on an application or motion for default judgment if the party against whom judgment by default is sought has appeared in the action. The amendment requires written notice of both the application or motion and the hearing thereon at least three (3) days prior to the hearing (except on the date that the case is set for trial – in that case, 3 days' notice is not required). This Rule change resolves the ambiguity regarding whether Rule 55 requires a hearing that the Alabama Supreme Court found in Ex parte Living by Faith Christian Church, [Ms. 1190872, Nov. 5, 2021] __ So. 3d __ (Ala. 2021). For what constitutes an “appearance” in the context of a default, see Progress Industries, Inc. v. Wilson, 52 So. 3d 500 (2010), which states that notice must be given when a defaulting party has appeared and has indicated a clear purpose to defend the action, even where the pleading doing so is defective. The court there found that an improper attempt by a non-attorney to file a pleading can constitute an “appearance” for purposes of Rule 55(b)(2).
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small's core values.
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October 9, 2026
Partner Priscilla K. Williams Obtains Complete Defense Verdict of Insurance Client On May 19, 2020, while on vacation in Gulf Shores, the injured plaintiff was a front seat passenger in her friend’s vehicle that was rear-ended at a stop light. Despite Plaintiff’s testimony that the impact felt severe and she was projected forward, the evidence […]
Read moreSeptember 18, 2026
Christian & Small is pleased to welcome Tevin D. Wallace as the newest associate in the Firm’s Birmingham office. Tevin’s practice focuses on litigation with an emphasis on construction, insurance, product liability, and transportation. He is a native of Birmingham, Alabama, and his commitment to the practice of law is rooted in both family tradition and personal […]
Read moreSeptember 8, 2026
Restaurant and Hospitality Client Alert – ID Scanner Data Breach M. Jansen Voss is investigating a possible data breach at IDScan.net that may have affected bar and restaurant clients. IDScan.net provides hardware and software for ID scanning and age verification. Many bars and restaurants nationwide use the service, including those in Alabama. The IDScan.net data […]
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