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Rule 37-Failure to Make 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.
Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.
Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.
Rule 37(a) provides recourse for compulsion of discovery and applies to all discovery devices. Generally comparable provisions existed in Tit. 7, § 474(17), Code of Ala. Rule 37(a)(1) states which court is the appropriate court for determination of problems arising in discovery.
Failure of United States to Participate in Good Faith in Discovery. 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.
Alabama Rules of Appellate Procedure Rule 37. Interest on judgments. Unless otherwise provided by law, if a judgment for money in a civil case is affirmed or the appeal is dismissed, whatever interest is provided by law shall be payable from the date the judgment was rendered in the trial court.
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.
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 ...