Alabama § 12-21-402 Foreign Subpoena; Request; Issuance

Alabama Statutes

§ 12-21-402 — Foreign Subpoena; Request; Issuance

Alabama § 12-21-402

Title 12Courts

Ch. 21Evidence and Witnesses

Art. 3Alabama Uniform Interstate Dispositions and Discovery Act

This text of Alabama § 12-21-402 (Foreign Subpoena; Request; Issuance) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-21-402 (2026).

Text

(a)To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of this state.

(b)When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c)A subpoena under subsection (b) must:

(1)Incorporate the terms used in the foreign subpoena.

(2)Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which

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(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of this state.
(b) When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena under subsection (b) must:
(1) Incorporate the terms used in the foreign subpoena.
(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
(3) Plainly and prominently state on its face: “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: [ADDRESS OF CLERK OF COURT].”