Baxley, Dillard, Dauphin, McKnight & James v. Burt, [Ms. 2110528, Aug. 3, 2012] __ So. 3d ___ (Ala. Civ. App. 2012). The
rules do not provide for a court to render an oral order. Representing
a defendant in a civil action, the Baxley firm subpoenaed photographs
from Steven Burt, formerly employed by their client. The court entered
a written order instructing Burt to make the photographs available for
inspection and copying. Burt apparently had an oral conversation with
the judge to the effect that there were 40,000 pertinent photographs on
his personal computer along with his wedding photographs and other personal
photographs, and that Burt wanted to make copies rather than allowing
the Baxley firm's lawyers to inspect them on his computer and copy
them. According to Burt, the judge told him that he could do so and bill
the Baxley firm and the plaintiff's law firm to pay equally for the
costs. At a later hearing, at which the Baxley firm apparently was not
present, the judge supposedly orally ordered the plaintiff's law firm
to pay its half and a lawyer for another defendant to pay half. The bill
to the other defendant was never paid, and Burt sued the Baxley firm for
its half, $1,715.00. The district court in this small claims action ordered
the Baxley firm to pay, and, on appeal to the circuit court, the circuit
court also ordered payment. The Court of Civil Appeals reverses, noting
that none of the actions of the judge were reduced to written orders and
that, therefore, the judge's order that the Baxley firm pay half the
cost of Burt's copying of the photographs was of no effect. Rule 58(a),
Ala. R. Civ. P., provides five ways a judge can render an order, but all
of them require a writing, at least in electronic form.
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