Alacivpro Ii-04

Front 1

Ala. R. Civ. P. 26(e)

Back 1

(e) Supplementation of Responses. There is no general duty to supplement a complete response to a request for discovery except: (1) timely updates on questions directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) information about anticipated expert witnesses. (2) timely amendments when the party (A) knows that the response was incorrect when made, or (B) knows that the answer materially changed. (3) a court orders, or the parties agree, or another party specifically asks for a supplementation.

Front 2

Ala. R. Civ. P. 33

Back 2

"Interrogatories to Parties." (a) "Availability; Procedures for Use." (b) "Scope; Use at Trial." (c) "Option to Produce Business Records." (d) "Form of Interrogatories and Answers." (dc) "District Court Rule."

Front 3

Ala. R. Civ. P. 33(a)

Back 3

(a) Availability; Procedures for Use. Interrogatories are generally available. They may be served immediately on plaintiffs and on all other parties after service of summons and complaint; the limit is forty (40) interrogatories, which the court may increase upon motion for good cause; each interrogatory is answered fully in writing under oath unless there is an objection; if there's an objection, state the objection where the answer would go; you only need to address the first 40 interrogatories; responses are due in thirty (30) days, or forty-five (45) days if the interrogatories are served with the summons and complaint; the court may adjust the deadlines; Rule 37 sanctions may apply

Front 4

Ala. R. Civ. P. 33(b)

Back 4

(b) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence; interrogatories otherwise proper are not necessarily objectionable by involvement of opinion or contention relating to a fact or application of law to fact, but the court may order adjustments to the interrogatory procedure for these issues.

Front 5

Ala. R. Civ. P. 33(c)

Back 5

(c) Option to Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records, and the burden would be substantially the same for either party, then you can point the other party to the records.

Front 6

Ala. R. Civ. P. 33(d)

Back 6

(d) Form of Interrogatories and Answers. A party shall provide sufficient space for a response to each interrogatory. The other party may either (1) use the spaces provided or (2) retype it all, or (3) prepare answers separately, using additional pages with a reference in the space to the additional pages.

Front 7

Ala. R. Civ. P. 33(dc)

Back 7

(dc) District Court Rule. Rule 33 applies in the district courts in those instances where interrogatories are permitted by Rule 26(dc).

Front 8

Ala. R. Civ. P. 34

Back 8

"Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes." (a) "Scope." (b) "Procedure." (c) "Persons Not Parties." (dc) "District Court Rule."

Front 9

Ala. R. Civ. P. 34(a)

Back 9

(a) Scope. Any party is subject to a request (1) to produce and permit someone, to inspect, copy, test, or sample any designated documents or electronically stored information, or to inspect, copy, test, or sample any designated tangible things within the scope of Rule 26(b); or (2) to permit entry upon designated land for inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b).

Front 10

Ala. R. Civ. P. 34(b)

Back 10

(b) Procedure. The plaintiff may be served after commencement of the action and any other party may be served after receipt of the summons and complaint. List items by item or category with descriptions of reasonable particularity. The request may specify the form or forms for ESI. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The response is due within thirty (30) days or forty-five days after service of summons and complaint. The court may adjust deadlines. Objections may be made. Compliance may be compelled by an order under Rule 37(a). Products should be presented in reasonably usable form

Front 11

Ala. R. Civ. P. 34(c)

Back 11

(c) Persons Not Parties. Non parties may be subpoenaed as provided in Rule 45.

Front 12

Ala. R. Civ. P. 34(dc)

Back 12

"District Court Rule." Rule 34 applies in the district courts in those instances where production and inspections are permitted by Rule 26(dc).

Front 13

Ala. R. Civ. P. 37(c)

Back 13

"Expenses on Failure to Admit." If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to Rule 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that the party might prevail on the matter, or (4) there was other good reason for the failure to admit.

Front 14

Ala. R. Civ. P. 37(d)

Back 14

"Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection." The court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under 37(b)(2)(A) (designated facts), (B) (order forbiding claims or defenses or evidence), and (C) (order striking claims, pleadings, staying proceedings, or dismissing or defaulting); costs may be imposed. Objection outside Rule 26(c) is no excuse.