Alabama Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel

State:
Multi-State
Control #:
US-MOT-01421
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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  • Preview Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel
  • Preview Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel

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FAQ

Interrogatories to Parties (a) In General. (1) Availability. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.

If the defendant files a motion to dismiss, you will have 21 days from the date of service to respond. In the response, you may explain to the Judge why you believe the action should not be dismissed. The defendant will then be permitted to file a reply within 14 days of the date of service of the response.

For example, a party can make a motion to ask to allow him or her not to give the other side the discovery that was asked for. If a party thinks that a subpoena asks for documents that have nothing to do with the case, or asks for too much information, the party can make a motion to quash the subpoena.

Rule 33.3 provides for disposition of constructive contempts. A person may not be found in contempt under Rule 33.3 unless the person has received notice of the charge and has had an opportunity for a hearing. This requirement comports with both Alabama law and Federal constitutional law.

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 ...

On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.

Assignment of cases for trial. The clerk forthwith and, in no event more than three (3) days after a case has been placed on the trial docket, shall notify all out-of-county attorneys of record by personal service, or by mailing a letter or by mailing a copy of the docket of the court. (dc) District court rule.

A person not a party to the action may be compelled to produce documents, electronically stored information, and things or to submit to an inspection as provided in Rule 45. (dc) District court rule. Rule 34 applies in the district courts in those instances where production and inspections are permitted by Rule 26(dc).

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Alabama Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel