This form is used by the plaintiff to provide of the defendant's deposition and includes a request for the production of certain documents and/or things.
Alabama Notice of 30(b)(6) Deposition of Defendant and 30(b)(5) Request for Production of Documents and or Things - Discovery
State:
Multi-State
Control #:
US-PI-0256
Format:
Word;
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How to fill out Notice Of 30(b)(6) Deposition Of Defendant And 30(b)(5) Request For Production Of Documents And Or Things - Discovery?
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FAQ
What Is a Notice of Deposition? 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.
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.
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.
Rule 30(b)(6) is designed to prevent organizations from ?sandbagging? opponents at trial by making a ?half-hearted inquiry? into matters before depositions ?but a thorough and vigorous one before the trial.? See, e.g., Bd.
Under Rule 30(b)(6), the deponent ?must make a conscientious good-faith endeavor to designate the persons having knowledge of the matters sought by [the party noticing the deposition] and to prepare those persons in order that they can answer fully, completely, unevasively, the questions posed?as to the relevant ...
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, ...
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.