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42 Cards in this Set
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Ala. R. Civ. P. 27
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"Discovery Before Action or Pending Appeal." (a) "Before Action." (b) "Pending Appeal." (c) "Perpeturation by Action."
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Ala. R. Civ. P. 27(a)
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Discovery Before Action. (1) "Petition." (2) "Notice and Service." (3) "Order and Examination." (4) "Use of Deposition."
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Ala. R. Civ. P. 27(a)(1)
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"Petition." Petitioner files a verified petition entitled in the name of the petitioner and showing: (1) that the petitioner expects to be a party in a future action, (2) the subject matter of the expected action and the petitioner's interest therein, (3) the facts which the petitioner desires to establish and the reasons to perpetuate it, (4) the names and addresses of expected adverse parties so far as known, and (5) the names and addresses of the persons to be examined and the expected substance of the elicited testimony, and shall ask for an order authorizing depositions, for the purpose of perpetuating their testimony or to seek discovery under Rule 34 or Rule 35.
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Ala. R. Civ. P. 27(a)(2)
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"Notice and Service." The petitioner serves a notice together with a copy of the petition at least thirty (30) days before the date of hearing in the manner provided in Rule 4(b) for service of summons. If service with due diligence fails, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served IAW Rule 4(b), an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent the provisions of Rule 17(c) apply.
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Ala. R. Civ. P. 27(a)(3)
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"Order and Examination." The court orders perpetuation if satisfied that it may prevent a failure or delay of justice, with guidance on how to accomplish perpetuation. For the purpose of applying these rules to discovery before action, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such discovery was filed.
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Ala. R. Civ. P. 27(a)(4)
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Use of Deposition. If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the state in which it is taken, it may be used in any action involving the same subject matter subsequently brought in this state in accordance with the provisions of Rule 32(a) (Use of Depositions) and (b) (Objections to Use of Depositions).
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Ala. R. Civ. P. 27(b)
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"Pending Appeal." Pending appeal, the court may allow the taking of the depositions of witnesses to perpetuate their testimony or may allow discovery under Rule 34 or Rule 35 upon a motion showing (1) whose testimony or discovery to perpetuate and (2) why to perpetuate it. The court issues an order if it finds that the perpetuation of the testimony or other discovery is proper to avoid a failure or delay of justice.
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Ala. R. Civ. P. 27(c)
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"Perpetuation by Action." This rule does not limit the power of a court to entertain an action to perpetuate testimony.
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Ala. R. Civ. P. 27(dc)
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Rule 27 does NOT apply in district court.
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Ala. R. Civ. P. 28
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"Persons Before Whom Depositions May be Taken." (a) "Depositions Taken Within the United States to Be Used in This State. " (b) "Depositions Taken in Foreign Countries to Be Used in This State. " (c) "Depositions Taken Within This State to Be Used Outside This State." (d) "Disqualification for Interest." (dc) District Court Rule.
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Ala. R. Civ. P. 28(a)
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"Depositions Taken Within the United States to Be Used in This State." Before an officer authorized to administer oaths by the laws of the United States, or of the State of Alabama, or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.
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Ala. R. Civ. P. 28(b)
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"Depositions Taken in Foreign Countries to Be Used in This State." (1) on notice before a person authorized to administer oaths in the place in which the examination is held, or (2) before a person commissioned by the court, or (3) pursuant to letters rogatory or a letter of request, or (4) pursuant to any applicable treaty or convention. Evidence obtained in response to letters rogatory or a letter of request need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.
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Ala. R. Civ. P. 28(c)
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"Depositions Taken Within This State to Be Used Outside This State." Produce to a judge of the circuit where the witness resides a commission authorizing the taking of such depositions or proof of notice duly served, whereupon it shall be the duty of the judge to issue, pursuant to Rule 45, the necessary subpoenas.
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Ala. R. Civ. P. 28(d)
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"Disqualification for Interest." No deposition shall be taken before a person who is a relative, employee, attorney or counsel of any of the parties, or who is a relative or employee of such attorney or counsel, or who is financially interested in the action.
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Ala. R. Civ. P. 28(dc)
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"District Court Rule." Rule 28(a), Rule 28(b), and Rule 28(d) apply in the district courts in those instances when depositions on written questions or depositions on oral examination are permitted by Rule 26(dc). Rule 28(c) does not apply in the district courts.
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Ala. R. Civ. P. 29
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"Stipulations Regarding Discovery Procedure." Unless the court orders otherwise, the parties may by written stipulation (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery. (dc) District Court Rule. Rule 29 applies in the district courts.
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Ala. R. Civ. P. 30
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Depositions Upon Oral Examination. (a) "When depositions may be taken." (b) Notice of examination; general requirements; special notice; videotaping or other equivalent technology; procurement of documents and things; deposition of organization." (c) "Examination and cross-examination; record of examination; oath; objections." (d) "Motion to terminate or limit examination." (e) "Submission to witness; changes; signing." (f) "Certification and filing by officer; exhibits; copies; notice of filing." (g) "Failure to attend or to serve subpoena; expenses." (dc) "District court rule."
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Ala. R. Civ. P. 30(a)
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(a) "When depositions may be taken." Any party may take anyone's testimony after commencement of the action. The plaintiff needs leave of court to take a deposition within thirty (30) days of service of summons and complaint unless the defendant has sought discovery or if the plaintiff can certify that the witness is about to travel beyond one hundred (100) miles. Witnesses may be subpoenaed under Rule 45. Prisoner's testimony may be taken only by leave of court under prescribed terms.
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Ala. R. Civ. P. 30(b)
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(b) Notice of examination; general requirements; special notice; videotaping or other equivalent technology; procurement of documents and things; deposition of organization. Has seven sub-parts. (1) Reasonable notice; (2) For exception to 30-day rule, Rule 11 sanctions apply and the deposition cannot be used against a deponent without counsel; (3) Court may adjust deposition schedules; (4) Recording allowed with notice, rationale and at own cost; (5) Deals with bringing books, documents, and tangible things to despositions; (6) Deposing corporations, partnerships, associations or agencies; (7) Deposition by telephone is by stipulation or court order and is where the deponent answers questions.
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Ala. R. Civ. P. 30(b)(5)
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30(b)(5) A party deponent may be asked to bring designated books, papers, documents, or tangible things allowed by Rule 26(b) for inspection, copying, etc. The party deponent has forty-five (45) days to object if the request accompanies the summons and complaint; otherwise, the party deponent must serve any such objection within 14 days. If objection is made, a court order is required to continue. The party taking the deposition may move at any time for an order under Rule 37(a) ["Failure to make discovery: sanctions"] with respect to any objection to the request or any part thereof, or any failure to produce or permit inspection as requested.
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Ala. R. Civ. P. 30(c)
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(c) Examination and cross-examination; record of examination; oath; objections. Examination and cross-examination of witnesses proceeds under the Alabama Rules of Evidence, except Rule 103 (Rulings on Evidence) and Rule 615 (Exclusion of Witnesses), Ala.R.Evid., which deal with trial procedure. The witness is under oath, and the testimony is recorded stenographically, or by another technology when stipulated or ordered. Objections are noted, but evidence is still taken subject to the objections. As well, depositions may be done via questions in a sealed envelope with the officer recording answers verbatim.
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Ala. R. Civ. P. 30(d)
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(d) Motion to terminate or limit examination. )n motion of a party or of the deponent and upon a showing of bad faith or unreasonable annoyance, embarrassment, or oppression the court can order cease work or may limit the scope. A cease work requires a court order to resume. Expenses may be charged.
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Ala. R. Civ. P. 30(e)
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(e) Submission to witness; changes; signing. Witnesses may examine their testimony unless waived. Changes are appended with rationale recorded. Witnesses sign. If witnesses don't sign within thirty (30) days, the officer signs and explains.
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Ala. R. Civ. P. 30(f)
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(f) Certification and filing by officer; exhibits; copies; notice of filing. (1) Officer signs and files depositions with the clerk; books documents, etc. are marked and annexed or (A) copies may be offered, inspected, marked and annexed or (B) originals are inspected, marked, copied and annexed; (2) Parties may get copies of the deposition upon payment of reasonable cost; (3) Parties taking deposition give prompt notice of filing to all other parties.
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Ala. R. Civ. P. 30(g)
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(g) Failure to attend or to serve subpoena; expenses. (1) No shows to their own depositions pick up the tab; (2) You pay if you fail to subpoena a no show as well.
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Ala. R. Civ. P. 30(dc)
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"District court rule." Rule 30 applies in the district courts in those instances when a deposition on oral examination is permitted by Rule 26(dc). Rule 30(b)(7) telephone depositions are taken in the district. The provisions of Rule 30(b)(4) (Video deposition) do not apply in the district courts absent a stipulation in writing by the parties or court order.
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Ala. R. Civ. P. 31
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"Depositions Upon Written Questions" (a) "Serving Questions; Notice." (b) "Officer to Take Responses and Prepare Record." (c) "Notice of Filing." (dc) "District Court Rule."
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Ala. R. Civ. P. 31(a)
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(a) "Serving Questions; Notice." After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court and on such terms as the court prescribes. These depositions are fully coordinated with all the parties; Cross-questions may be served within fifteen (15) days, then redirects may be served within ten (10) days, then recrosses may be served within five (5) days; courts may adjust the schedule; any party may attend a deposition, where oral cross-examination and oral rebuttal examination may occur.
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Ala. R. Civ. P. 31(b)
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(b) "Officer to Take Responses and Prepare Record." A copy of a notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c) (Exam, cross-exam, oath, recording), (e) (inspection and signature), and (f) (certs notice and filing), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.
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Ala. R. Civ. P. 31(c)
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(c) "Notice of Filing." When the deposition is filed, the party taking it shall promptly give notice thereof to all other parties.
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Ala. R. Civ. P. 31(dc)
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"District Court Rule." Rule 31 applies in the district courts in those instances when a deposition on written questions is permitted by Rule 26(dc).
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Ala. R. Civ. P. 32
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"Use of Depositions in Court Proceedings" (a) "Use of Depositions." (b) "Objections to Admissibility." (c) [Omitted] (d) "Effect of Errors and Irregularities in Depositions." (dc) "District Court Rule."
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Ala. R. Civ. P. 32(a)
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(a) Use of Depositions. As admissible under Ala. R. Evid. at trial (1) to contradict or impeach the testimony of deponent as a witness; (2) depositions for corporations, parterships, associations, and agencies may be used by an adverse party for any purpose; (3) depositions may be used for any purpose if the cour finds (A) the witness is dead (B) beyond 100 miles (C) unable to testify (D) licensed dentist or physician or (E) witness cannot be produced by subpoena (F) upon application and notice that exceptional circumstances exist; (4) if only a part of a deposition is offered, adverse parties may require all the deposition be used for fairness' sake; substitution of parties does not affect right to use previous depositions
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Ala. R. Civ. P. 32(b)
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(b) Objections to Admissibility. Subject to the provisions of subdivision (d)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.
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Ala. R. Civ. P. 32(c)
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(c) [Omitted].
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Ala. R. Civ. P. 32(d)
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(d) Effect of Errors and Irregularities in Depositions. (1) As to notice are waived unless written objections are promptly served; (2) as to disqualification of officer is waived unless made before the deposition or ASAP with reasonable diligence; (3) As to Taking of Deposition (A) Objections to competency, relevancy or materiality of testimony are not generally waived by failure to make them (B) Errors and irregularities at the oral examination that can be obviated, removed, or cured if promptly presented are waived without seasonable objection; (C) Objections to written questions are waived unless timely served in writing within 5 days of service of the last questions; (4) As to Completion and Return of Deposition are waived unless a motion to suppress the deposition or some part is timely made.
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Ala. R. Civ. P. 32(dc)
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"District Court Rule." Rule 32 applies in the district courts in those instances when a deposition on oral examination or a deposition on written questions is permitted by Rule 26(dc).
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20 C.F.R. 401
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Social Security Administration (SSA): Privacy and Disclosure of Official Records and Information (A) General (B) The Privacy Act (C) Disclosure of Official Records and Information
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20 C.F.R. 402
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Social Security Administration (SSA): Availability of Information and Records to the Public
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20 C.F.R. 403
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Social Security Administration (SSA): Testimony by Employees and the Production of Records and Information in Legal Proceedings.
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Ala. Code 12-21-6.1
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Reproduction and delivery of medical records. The reasonable costs of reproducing copies of written or typed documents, or reports shall not be more than one dollar ($1) for each page of the first 25 pages, not more than 50 cents ($.50) for each page in excess of 25 pages, and a search fee of five dollars ($5). If the medical records are mailed to the person making the request, reasonable costs shall include the actual costs of mailing the medical records.
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What is the "First-hand Knowledge Rule" under Phillips v. Emmons, 514 So. 2d 1369 (Ala. 1987)?
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514 So. 2d 1369 (Ala. 1987). The "first-hand knowledge rule" "arises out of the general recognition that, in order to testify to certain facts, the witness must have had the opportunity to observe the facts to which he testifies and have actually observed them." "The one exception to the 'first-hand knowledge rule' relates to opinion evidence of an expert witness."
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