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On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.
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, ...
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in ance with the request.
The discovery rule suspends the statute of limitations until an injury is or should have been discovered. In the state of Alabama, the discovery rule is 1 year.
Note: No Meet and Confer or Separate Statement Required When No Responses Given. [CCP 2031.320(a); CRC 3.1345(b)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].