Order To Appear To Person Under Foreign Subpoena {C-13A}

State of Alabama Unified Judicial System Form C-13A (front) Rev.1/2013 ORDER TO APPEAR TO PERSON UNDER FOREIGN SUBPOENA Pursuant to §12-21-400, et seq., Code of Alabama 1975 (Name of County) IN THE CIRCUIT COURT OF _______________________________________, ALABAMA In re: _____________________________________________ v. __________________________________________ pending in the _______________________________________________________________________ . Case No. ___________________. (Name/State of Foreign Court) To: _________________________________________________________________(Name of person receiving subpoena) _________________________________________________________________(Address) _________________________________________________________________ _________________________________________________________________ The requesting party has submitted to this Clerk's Office a foreign subpoena, copy attached, the terms of which are incorporated herein. YOU ARE ORDERED TO APPEAR to: Attend and give testimony at a deposition; Produce and permit inspection and copying of books, documents, or tangible things designated and described below: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________; Permit inspection of the premises; at the following location_____________________________________________________________________________________ on the following date __________________________________________at the following time_____________________________. ______________________________________________________ Circuit Clerk The names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of parties not represented by counsel are provided below on attached list. ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ 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____________________________________________________, __________. _______________________________________________ Title of Sheriff/Process Server _______________________________________________ Signature of Sheriff/Process Server Served by certified mail. Date mailed ____________________________ THE RECIPIENT OF THIS SUBPOENA HAS THE RIGHT TO OBJECT TO THIS SUBPOENA WITHIN FIFTEEN (15) DAYS OF PROPER SERVICE BY SUBMITTING A REASONABLY SPECIFIC WRITTEN OBJECTION TO THE PARTY INITIATING THE SUBPOENA AS WELL AS THE LOCAL ISSUING CLERK OF THE COURT AT THE FOLLOWING ADDRESS: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com Form C-13A (page 2) Rev. 1/2013 ORDER TO APPEAR TO PERSON UNDER FOREIGN SUBPOENA 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 documents or tangle 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. ______________________________________________________________________________________________________________________________________ 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 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 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 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