Alabama Motion to Compel a Nonparty
What this document covers
The Motion to Compel a Nonparty is a legal document filed in court by a plaintiff to request the issuance of a subpoena to a non-party (an individual or organization not involved in the case). This form is essential when a party believes that important information or documents from a non-party are necessary for the case but cannot be obtained without court intervention.
Key parts of this document
- Caption: Identifies the case and parties involved.
- Motion Statement: A formal request stating the need for the non-party subpoena.
- Supporting Argument: Explains why the requested documents or information are relevant to the case.
- Notice of Intent: A section detailing the previous notice sent to the non-party.
- Wherefore Clause: States the request for the court to grant the motion and issue the subpoena.
- Certificate of Service: Confirms that copies have been provided to all relevant parties.
When to use this form
This form is used when a party involved in a civil action needs to obtain evidence or documents from a non-party witness who may have vital information. It is particularly relevant in situations where the non-party has information pertaining to the case but is unwilling to provide it voluntarily.
Who needs this form
- Plaintiffs in a civil case seeking crucial information from non-parties.
- Attorneys representing clients in civil litigation.
- Parties who have communicated with a non-party and received objections to voluntary document production.
How to complete this form
- Identify the parties: Clearly state the plaintiff and defendants involved in the case.
- Provide necessary details: Fill in the case number and the name of the non-party from whom documents are sought.
- Articulate the motion: Explain why the court should grant the motion and the relevance of the requested documents.
- Include any prior notices: Reference previous communications sent to the non-party regarding the subpoena.
- Add the counselâs information: Ensure that the attorney's contact details and certification of service are included at the end of the form.
Notarization guidance
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to include the case number or correct party names.
- Not providing a clear justification for the necessity of the subpoena.
- Omitting the notice of intent to serve the subpoena.
- Neglecting to properly serve all involved parties with the motion.
Legal use & context
- This motion must be supported by a valid reason why the information is essential for the plaintiff's case.
- The court has the discretion to deny the motion if the requested information is deemed irrelevant or overly burdensome.
- An issued subpoena can compel non-parties to provide documents or testify if the motion is granted.
Main things to remember
- The Motion to Compel a Nonparty is crucial for obtaining necessary information from outside parties.
- Properly justifying the motion is essential for its success in court.
- Understanding state-specific requirements is critical to ensure compliance and avoid delays.
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FAQ
Typically a pro-se litigant will need the clerk to issue a subpoena as lawyers do this by virtue of being officers of the court. Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice.
Any employee whose employment records are sought by a subpoena duces tecum may bring a motion to quash. Note that non-party employees may object to a subpoena by serving written objections. 3. Any non-party who has been served with a business records subpoena may bring a motion to quash.
Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed.
Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.
In CA a pro se litigant must get court approval to issue a subpoena.
Individuals acting In Pro Per can also issue a signed subpoena upon a party in a legal proceeding. Once an attorney requests a subpoena, it must be personally served on the subpoenaed party by someone who is over the age of 18 and not a party to the action.
In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law.In some cases, a non-lawyer may issue a subpoena if acting on his or her own behalf (known as pro se representation).
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Providing objections suspends your obligation to comply with the subpoena until or unless a court orders compliance, or you reach an agreement with the party that served you with the subpoena. If you do not wish to comply with the subpoena, you may file a motion to quash it before the date set forth on the subpoena.
