This is a Motion for Substitution of Parties filed in the circuit court. This sample motion is a request for substitution made by the administratrix of an estate.
Alabama Motion for Substitution
Category:
State:
Alabama
Control #:
AL-1000A
Format:
Word;
Rich Text
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FAQ
(1) Number. 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. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).
A Motion for Substitution may be made by any party or by the descendant's successor or representative. It permits a party to substitute into an adversary proceeding or contested matter as a party if any of the following circumstances exist in a case:If a party dies and the claim is not extinguished.
Subtitution of counsel is usually filed when court records show that one attorney represents you, and another attorney is stepping in to replace that attorney.
So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.
A party shall not propound more than forty (40) interrogatories to any other party without leave of court. Upon motion, and for good cause shown, the court may increase the number of interrogatories that a party may serve upon another party.
Anyone can file the Substitution of Attorney form with the court. There is no court rule or code section mandating who should file it.
(1) Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative.A statement noting death must be served in the same manner.
Interrogatory answers, in order to be used as substantive evidence at trial, must be introduced into evidence as part of the record.One procedure for admitting the answers, after securing the court's permission, is to read the questions and answers before the jury so that they are in the trial transcript.
The interrogatories must not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause.