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There are only a few grounds on which a court can vacate a judgment. Rule 60 of the Alabama Rules of Civil Procedure lists them: Mistake, inadvertence, surprise, or excusable neglect. Newly discovered evidence that could not have been discovered before the judgment was entered.
The server must serve process within 30 days. In the event of failure of service, the clerk notifies, by mail, the attorney of record or if there is no attorney of record, the party at whose instance process was issued.
(a) When a Deposition May Be Taken. (1) Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(a)(2). The deponents attendance may be compelled by subpoena under Rule 45.
The provisions of Rule 36 make it clear that admissions function very much as pleadings do. Thus, when a party admits in part and denies in part, his admission is for purposes of the pending action only and may not be used against him in any other proceeding.
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.
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10-1-95; Amended 11-28-2012.] In this rule, as throughout the rules generally, the parties are allowed 30 days for responsive pleadings, in with present Alabama practice, rather than the 20 days permitted by the Federal Rules and similar state rules.
Under Alabama law, a party must serve the document subpoena at least 15 days before compliance is required (Ala. R. Civ.
The Alabama discovery rule suspends the running of the statute of limitations if the circumstances are such that plaintiff cannot reasonably know they have an actionable claim against the defendant. This can be due to their not having discovered that they are injured, or that they are legally entitled to sue.
At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.
Currently, Rule 34(b) requires the defendant to move to arrest judgment within seven days after the court accepts a verdict or finding of guilty, or after a plea of guilty or nolo contendere, or within some other time set by the court in an order issued by the court within that same seven-day period.

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