Alabama Demand for Address of Party under Statute or Rule

State:
Multi-State
Control #:
US-03269BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. 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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FAQ

Rule 25 provides mechanics for substitution in the event of death, incompetency, transfer of interest and death or separation from office of public officers.

Insofar as the motion to strike, sanctioned by Rule 12(f), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice. See Harrison, Notes on Alabama Pleading?The Motion to Strike, 2 Ala.

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.

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).

RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE: GENERAL PROVISIONS REGARDING DISCOVERY; DUTY OF DISCLOSURE. (a) Required Disclosures; Methods to Discover Additional Matter.

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, ...

As is indicated by that part of Rule 28(a) which authorizes taking a deposition before ?an officer authorized to administer oaths by the laws ? of the state or other place where the examination is held ??, depositions for use in Alabama actions need not be taken within the state.

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 ...

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Alabama Demand for Address of Party under Statute or Rule