Alabama Demand for Discovery in an Action for an Accounting

State:
Multi-State
Control #:
US-L0107C
Format:
Word; 
Rich Text
Instant download

Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

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FAQ

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.

The party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request, except that a defendant may serve a response within forty-five (45) days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time.

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.

The Alabama discovery rule suspends the running of the statute of limitations if the circumstances are such that plaintiff cannot reasonably know they have an actionable claim against the defendant. This can be due to their not having ?discovered? that they are injured, or that they are legally entitled to sue.

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 33.3 provides for disposition of constructive contempts. A person may not be found in contempt under Rule 33.3 unless the person has received notice of the charge and has had an opportunity for a hearing. This requirement comports with both Alabama law and Federal constitutional law.

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 ...

Alabama Rules of Criminal Procedure Rule 16. Discovery. (2) Disclose the substance of any oral statements made by any such codefendant or accomplice, before or after arrest, to any law enforcement officer, official, or employee which the state/municipality intends to offer in evidence at the trial.

This rule freely authorizes the taking of depositions under the same circumstances and by the same methods whether for the purpose of discovery or for the purpose of obtaining evidence.

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Alabama Demand for Discovery in an Action for an Accounting