Rule 59.1. Disposition of motion for new trial and other postjudgment motions

Disposition of motion for new trial and other postjudgment motions. No postjudgment motion filed pursuant to Rules 50, 52, 55, or 59 shall remain pending in the trial court for more than ninety (90) days, unless with the express consent of all the parties, which consent shall appear of record, or unless extended by the appellate court to which an appeal of the judgment would lie, and such time may be further extended for good cause shown. Consent to extend the time for a hearing on the postjudgment motion beyond the 90 days is deemed to include consent to extend the time for the trial court to rule on and dispose of the postjudgment motion. A failure by the trial court to render an order disposing of any pending postjudgment motion within the time permitted hereunder, or any extension thereof, shall constitute a denial of such motion as of the date of the expiration of the period.

(dc) District court rule. Rule 59.1 applies in the district courts except that the time period of ninety (90) days is reduced to fourteen (14) days unless within that time an order extends the period, for good cause shown, for not more than an additional fourteen (14() days. [Amended 1-23-84, eff. 3-1-84; Amended eff. 10-1-95; Amended eff. 10-24-2008; Amended 7-28-2020, eff. 10-1-2020.]

Committee Notes

Committee Comments on 1973 Adoption Rule 59.1 arose from a suggestion transmitted to the Supreme Court of Alabama by the Advisory Committee on Appellate Practice and Procedure. This Rule is designed to remedy any inequities arising from failure of the trial court to dispose of post-trial motions for unduly long periods. Note, however, that the period prescribed by Rule 59.1 may be extended by the appellate court to which an appeal of the judgment would lie. Committee Comments to Amendment Effective March 1, 1984 The amendment of March 1, 1984, added the reference to Rule 55, and substituted the word “post-judgment” for the word “post-trial,” in recognition of the fact that motions pursuant to Rules 50, 52, 55, and 59 will all be “post-judgment,” whereas Rule 55 motions will not be “post-trial.” This amendment expressly places motions to set aside default judgments under Rule 55(c) within this rule’s policy of automatic denial after 90 days. Prior to a companion amendment to Rule 55(c), judicial action within the 30-day period following the default judgment was a prerequisite to relief under that rule. Rule 55(c) as amended allows the trial court to act beyond the 30 days upon a motion to set aside a default judgment, so long as the motion was filed within the 30 days, but subject to automatic denial after 90 days. Committee Comments to October 1, 1995, Amendment to Rule 59 The amendment is technical. No substantive change is intended. Committee Comments to Amendment to Rule 59.1 Effective October 24, 2008 In Ex parte Chamblee, 899 So. 2d 244, 248 (Ala. 2004), the Court "reaffirm[ed] that for purposes of Rule 59.1 a trial judge 'disposes of' a pending post-judgment motion only by properly entering a ruling either denying or granting the motion." In 2006 the Committee proposed, and the Supreme Court adopted, an amendment to Rule 58(c) providing that electronic input into the State Judicial Information System constitutes "entry." The Committee noted that the eliminati