This form is a sample notice of defendant's intent to serve a subpoena upon a third-party.
Alabama Notice of Intent to Serve Subpoena on Nonparty - Personal Injury
State:
Multi-State
Control #:
US-PI-0314
Format:
Word;
Rich Text
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How to fill out Notice Of Intent To Serve Subpoena On Nonparty - Personal Injury?
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FAQ
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).
A motion to quash a subpoena may be filed if someone believes that it was not issued legally. Such a motion generally means that the subject of the subpoena can refuse to comply with it until the court has made a decision on the motion.
To serve a complaint or other document, the plaintiff must provide instructions to the clerk of the court. The plaintiff must also provide the clerk with completed copies of the summons or other Alabama Process Service if required.
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal.
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.
A subpoena, whether requested by the state or the defendant, may be served by certified mail or as provided in section (d). (2) How served. The sheriff shall place a copy of the subpoena to be served in an envelope and shall address the envelope to the person to be served.
Rule 37(a)(2) establishes a motion as the vehicle for relief under the various discovery devices. Further, the party successfully opposing a Rule 37 motion compelling discovery can obtain a protective order as an adjunct to the order denying the Rule 37 motion just as if he had moved for such relief under Rule 26(c).
(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.