Alabama Motion for Protective Order against Trial Deposition

State:
Multi-State
Control #:
US-MOT-01414
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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FAQ

Rule 37(e) curative measures or sanctions are available only if ESI that should have been preserved ?is lost.? The Advisory Committee Note provides that: ?Because electronically stored information often exists in multiple locations, loss from one source may be harmless when substitute information can be found elsewhere ...

33(c)] states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it 'as readily as can the party served,' and that the responding party must give the interrogating party a 'reasonable opportunity to examine ... Alabama Rules of Civil Procedure V. DEPOSITIONS AND DISCOVERY ... alabama.gov ? docs ? library ? rules alabama.gov ? docs ? library ? rules

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.

30(b)(6). This mechanism allows plaintiffs' lawyers to obtain discovery against a corporation by specifying topics on which testimony is sought, requiring the organization to designate witnesses to provide testimony on these subject that may bound the corporation at trial. Sample 30(B)(6) Deposition Notice - Miller & Zois, Attorneys at Law millerandzois.com ? pre-trial ? sample-30-b-... millerandzois.com ? pre-trial ? sample-30-b-...

Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Rule 37. Failure to Make Disclosures or to Cooperate in Discovery cornell.edu ? rules ? frcp ? rule_37 cornell.edu ? rules ? frcp ? rule_37

Under Rule 37, terminating sanctions are reserved for cases in which a party's noncompliance is due to ?willfulness, fault, or bad faith.? Computer Task Group, Inc. v. Brotby, 364 F. 3d 1112, 1115 (9th Cir. Order Denying Defendants' Motion for Sanctions Against the Federal ... ftc.gov ? files ? cases ? 120120lightsorder ftc.gov ? files ? cases ? 120120lightsorder

37. On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion shall include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.

Rule 37? Failure to Make Disclosure or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

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Alabama Motion for Protective Order against Trial Deposition