Alabama General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

State:
Multi-State
Control #:
US-01058BG
Format:
Word; 
Rich Text
Instant download

Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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FAQ

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 ...

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).

ARCP 64(a) makes available all statutory procedures for seizure of person or property except to the extent that these laws are invoked for the purpose of recovery of a security interest in personal property prior to judgment.

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.

Rule 33 of the Federal Rules of Civil Procedure limits the number of interrogatories a party may propound to twenty-five. Parties must obtain leave of court before serving more than twenty- five interrogatories.

Rule 77(a) recognizes that, theoretically, the court is always open for filing papers, etc. Filing with a deputy clerk at her residence was approved in Greeson v. Sherman, 265 F.

Rule 52 attaches a presumption to the findings of a master to the extent that the trial court has adopted them. Under present Alabama practice, de novo appellate review is available when evidence has been taken before a commissioner.

[Amended eff. 10-1-95.] Rule 35(a). The mental or physical condition of a party or a person in custody of a party can be made the basis of examination by a physician only upon a motion and good cause shown.

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Alabama General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion