State Of Alabama Unified Judicial System - Form C-13, Order To Appear Page 2

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ORDER TO APPEAR (SUBPOENA)

Form C-13 (back)

Rev. 6/07

NOTICE

With respect to a subpoena which seeks only a production of documents or tangible things or an inspection of premises, as provided in Ala.R.Civ.P

45(a) (3) (C), the production of documents or tangible things or the inspection of premises pursuant 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 recipient 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 inspection at any time prior to the date

of production or inspection set forth in this subpoena. See Ala. R.Civ.P. 45(c) (2) (B), which is set out below.

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Rule 45, Ala.R.Civ.P., subdivisions (c) & (d)

(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing 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 an 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, documents or tangible things, or inspection of

premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, 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 before the time specified 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. “Serve” as used herein means mailing 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 was issued. If objection

has been made, the party serving the subpoena 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.

(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 from the place where

that person resides, is employed or regularly transacts business in person, or requires a nonresident of this state who is not 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, subject to the provisions of

clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel 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 dispute 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 miles to attend trial, the court may, to

protect a person subject to or affected by the subpoena, quash or modify 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 subpoena is

addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.

(d) Duties in responding to subpoena.

(1) A person responding to a subpoena to produce documents shall produce them as 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 the documents, communications, or things not produced that is sufficient to enable

the demanding party to contest the claim.