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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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Per Alabama Rules of Civil Procedure, Chapter V.,

Customer Question

Per Alabama Rules of Civil Procedure, Chapter V., Depositions and Discovery, Rule 26 (b)(1):
Official Definition
"In GENERAL, Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action."
Q. In civil circuit court proceedings, does this law mean what it states, or is it merely a suggestion, subect to be arbitrarily stretched to abusive limits over Plaintiff's objection? For example, can a Plaintiff refuse to answer discovery questions that are not relevant to the subject matter involved in the pending action." How can a Plaintiff best move the Court to follow the exact letter of the law as plainly stated?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

The test here is whether the information requested will lead to relevant information .If you can show that it might even lead to other relevant information the discovery should be allowed.The idea here under the rules is that discovery is very liberal if it even has a possibility that it leads to relevant information being discovered it is proper here.

Your remedy through the court is a motion to compel.The court would decide whether the information falls within the test and is not privileged.The court functions to resolve such discover disputes and may well compel the other party here to answer the question or produce the documents requested as being relevant or leading to relevant information.

Reference

(1)IN GENERAL.

Parties may obtain discovery regarding any matter, not

privileged, which is 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, including the existence, description, nature,

custody, condition and location of any books, documents, or other tangible things

and the identity and location of persons having knowledge of any discoverable

matter. It is not ground for objection that the information sought will be

inadmissible at the trial if the information sought appears

reasonably calculated to lead to the discovery of admissible evidence.

Here your next move is a motion to compel and a court order to compel them to produce the discovery.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating it is always sincerely ***** ***** am glad I could hep you today.