Fill and Sign the Order to Appear to Person under Foreign Subpoena Form

State of Alabama Unified Judicial System Form C-13 (front) Rev. 4/18 ORDER TO APPEAR (SUBPOENA) Case Number IN THE _____________________________________ COURT OF _______________________________________, ALABAMA ( Circuit, District, or Municipal) (Name of County or Municipality) † State of Alabama † Municipality of _____________________________________ v. _______________________________________, Defendant † Plaintiff __ ________________________________________ v. ________________________________________ , Defendant (For Juvenile cases only): † In the Matter of: ________________________________________________________________________________, a child A. Issued at the req uest of: 1. † Plaint iff/State 2. † Defendant 3. † Grand jury B. Special Instructions You are ordered to: 1. † Appear at trial 2. † Produce records or documents-See attached schedule(s) 3. † Appear at dep osition 4. † Other ____________________________ __ You may contact: ______________________________________________________________________________________________________ YOU ARE ORDERED TO APPEAR to give testimony before the co urt or by deposition; and/or produce and permit inspection and copying of books, documents, or tangible things; and /or permit ins pection of premises as stated below until otherwise excused. Failure to obey this subpoena may be deemed a contempt of cou rt from which the subpoena was issued. DATE: ______________________________________ ADDITIONAL INSTRUCTIONS TIME: ______________________________________ Any inspection or production of docu ments or records must be completed within 15 days. ROOM: ______________________________________ ADDRESS: ______________________________________ _____________________________________________________ _____________________________________________________ _______________ Date Issued [ ] Signature of Court Clerk Deputy Clerk Initials TO ANY SHERIFF OF THE STATE OF ALABAMA OR ANY AUTHORIZED PERSON: You are ordered to serve this Order on the above-named person and make return to this court. RETURN ON SERVICE I certify that I personally delivered a copy of this order to ___________________________________ _____________on___________________________, __________ (For Criminal cases only) † Served by mail Date mailed _____________________________ ___________________________________________________ Signature and Title of Server [ ] __________________________________________ Sheriff Deputy Sheriff Form C -13 (back) Rev. 4/18 ORDER TO APPEAR (SUBPOENA) NOTICE With respect to a subpoena which seeks only a production of documents or tangible things or an inspection of premises, as pro vided in Ala. R.Civ.P 45(a)(3)(C), the production documents or tangle things or the inspection of premises pursu ant to this subpoena shall take place where the documents or tangible things are regularly kept or at some other reasonable place designated by the recipient of this subpoena. As reci pient of this subpoena, you have the option to deliver or mail legible copies of the documents or things to the party causing issuance of this subpoena, and the preparation of copies may be conditioned on the payment in advance of the reasonable cost of making such copies. Other parties involved in this lawsuit have the right to be present at the time of the production or inspection. The recipient of this subpoena has the right to object to the production or inspec tion at any time prior to the date of production or inspection set forth in this sub poena. See Ala. R.Civ.P. 45(c)(2)(B), which is set out below. ______________________________________________________________________________________________________________________________________ Rule 4 5, Ala. R.Civ.P., Paragraphs (c) & (d) (c) Protection of person subject to subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposi ng undue burden or expense on a person subject to that subpoena. The court from which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty on appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fee. (2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, document or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for depos ition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying at any time bef ore the time specified was issued. If objection has been made, the party serving the subpoen a may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expenses resulting from the inspection and copying commanded. for compliance may serve upon the party or attorney designed in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. “Serv e” as used herein means mail ing to the party or attorney. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a resident of this state who is not a party or an officer of a party to travel to place more than one hundred (100) miles form the place where that person resides, is employed or regularly transacts business in person, or requires a nonresident of this state who is no t a party or an officer of a party to travel to a place within this state more than one hundred (100) miles from the place of service or, where separate from the place of service, more than one hundred (100) miles from the place where that person is employed or regularly transacts business in person, except that, s ubject to the provision of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to tra vel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in di spute and resulting from the expert’s study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expenses to travel more than 100 mil es to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modif y the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the sub poena is addressed will be reasonably compensated, the court may order appearance or production only upon specified condition s. (d) Duties in responding to subpoena. (1) A Person responding to a subpoena to produce documents shall produce them a s they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of th e documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (3) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usab le. (4) A person responding to a subpoena need not produ ce the same electronically stored information in more than one form. (5) A person responding to a subpoena need not provide discovery of electronically stored information from sources the person identifies to the requesting par ty as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cos t. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitat ions of Rule 26(b)(2)(B). The court may specify conditions regarding the production of the discovery. (6) If information is produced in discovery that is subject to a claim of privilege or of protection as trial -preparation material, the person or party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. Any party or the producing person may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved.