Ala. R. App. P. 36
Committee Comments
Rule 36 essentially embodies the former Alabama practice of disseminating opinions and entering judgment in the appellate court's docket. Copies of the opinion are sent in accordance with the former practice. No provision is made for the issuance of a mandate as is the case with the federal system, and the certificate of judgment and opinion of the court constitute the necessary directions encompassed by the concept of a mandate.
Subdivision (a) is essentially former Supreme Court Rule 35.
The mailing of the opinion and mailing of the judgment are considered separately because in some instances, the opinion would be sent prior to the entry of judgment, such as where the opinion directs the parties to file additional briefs, argue an additional point or to do some other act before the entry of judgment such as accept a remittitur. Ordinarily the opinion and judgment would be mailed simultaneously. The issuance of the certificate of judgment is governed by Rule 41.
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