Alabama Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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US-02707BG
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Description

The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.

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FAQ

Rule 30(b)(5). As is true under Alabama practice, a subpoena duces tecum is not available as to a party. Section 12-21-2, Code of Ala., is limited to persons not parties. Note, however, that this paragraph differs from the Federal Rule which incorporates Rule 34 without making clear what time limits are intended.

30(b)(6). This mechanism allows plaintiffs' lawyers to obtain discovery against a corporation by specifying topics on which testimony is sought, requiring the organization to designate witnesses to provide testimony on these subject that may bound the corporation at trial.

Witnesses are needed by a legal team to answer questions under oath pertaining to their knowledge relating to a lawsuit before the case is tried in the court. The law firm sends a document called a notice of deposition to the witness and all other parties involved in the lawsuit.

5 Steps for Responding to a Deposition Notice Analyze the documents that were served. ... Notify the party deponent. ... Decide whether to contact a nonparty witness. ... Object to defects in the deposition notice. ... Object to the production demand.

(Rule 30(b)(2).) In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days.

Parties may obtain discovery regarding any matter, not privileged, which is: (i) relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party; and (ii) proportional to the needs of the case, ...

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

The Rule 30(b)(6) deposition is the process by which a litigant may depose a corporation or other business entity. While it is impossible for a corporation to be deposed in the literal sense, the corporation must designate one or more representatives who will testify on its behalf.

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Alabama Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice