Birmingham Alabama Motion to compel pattern and Practice

Name: Birmingham Alabama Motion to compel pattern and Practice
Brand: US Legal Forms
Rating: 4.57 (266 reviews)

Category:

Alabama Civil Procedure - Compel

State:

Alabama

City:

Birmingham

Control #:

AL-1039A

Format:

Instant download

Description

This is a sample Motion to Compel discovery responses related to evidence which would support a claim of illegal pattern and practice by an insurance company.

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FAQ

When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.

Generally, responses or objections are due in 30 days. It has frequently been held that both good faith and the spirit of the rule require the party answering interrogatories to see to it that his answers are truthful as of the time of the trial as well as of the time when the interrogatories are answered.

A motion to compel asks the presiding probate and family judge to order one party to provide the opposing side with evidence related to the divorce proceedings. Such evidence may include: Deposition testimony. Requests for admissions of undisputed facts.

A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.

The Alabama discovery rule suspends the running of the statute of limitations if the circumstances are such that plaintiff cannot reasonably know they have an actionable claim against the defendant. This can be due to their not having ?discovered? that they are injured, or that they are legally entitled to sue.

The delayed discovery rule in California says is the legal maxim that the statute of limitations on bringing a claim does not start running until a claimant discovers the injury or loss that forms the basis of the claim or lawsuit.

The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P. § 2030.300) Sounds simple enough, but it's not. You have to understand when something is deemed served.

(3) Response. (A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

Birmingham Alabama Motion to compel pattern and Practice

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How long do you have to answer discovery in Alabama?

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Does Alabama have a discovery rule?

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