Local Rule Civil L.R. 3: Commencing an Action
S.D. Ala. — Civil rule
Civil L.R. 3. Commencing an Action
(a) Civil Cover Sheet. A Civil Cover Sheet (AO Form JS 44) must accompany each civil action or notice of removal presented for filing.
(b) Civil Case Assignments. Except as provided in General Local Rule 73(c), all civil cases are randomly assigned to both a District Judge and a Magistrate Judge. As provided in General Local Rule 73(b), the parties may in any case consent to the Magistrate Judge's jurisdiction.
(c) Assigning Related Actions. Where the Civil Cover Sheet discloses a pending related civil action, the new civil action will be assigned to the same Judges as the pending action. Factors to be considered in determining whether the actions are related include whether the actions arise from substantially the same transaction or events or involve substantially the same parties or property. The Judge to whom the action with the lower case number is assigned will resolve any dispute as to whether the actions are related.
(d) Re-Filed Actions. Whenever an action terminated by entry of a notice or order of dismissal is re-filed without a substantial change in issues or parties, it shall be assigned or transferred to the Judges to whom the original action was assigned, unless otherwise ordered by the Chief Judge.