Alabama § 45-58A-70.23 Hearings — Discovery

Alabama Statutes

§ 45-58A-70.23 — Hearings — Discovery

Alabama § 45-58A-70.23

JurisdictionAlabama

Title 45Local Laws

Ch. 58AShelby County Municipalities

Art. 7Helena

Part 1Employees

This text of Alabama § 45-58A-70.23 (Hearings — Discovery) 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 § 45-58A-70.23 (2026).

Text

(a)(1) Discovery may be obtained by one or more of the methods provided under the Alabama Rules of Civil Procedure, including, but not limited to, written interrogatories, depositions, requests for production of documents or things for inspection or copying, and requests for admissions addressed to parties. The Alabama Rules of Civil Procedure may be used as a general guide for discovery practices and proceedings before the board. However, the Alabama Rules of Civil Procedure shall be deemed instructive rather than controlling. A party seeking discovery from another party shall initiate the process by serving a request for discovery on the other party.

(2)When a request for discovery is directed to an officer or employee of the city, the city shall make the officer or employee available o

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(a)(1) Discovery may be obtained by one or more of the methods provided under the Alabama Rules of Civil Procedure, including, but not limited to, written interrogatories, depositions, requests for production of documents or things for inspection or copying, and requests for admissions addressed to parties. The Alabama Rules of Civil Procedure may be used as a general guide for discovery practices and proceedings before the board. However, the Alabama Rules of Civil Procedure shall be deemed instructive rather than controlling. A party seeking discovery from another party shall initiate the process by serving a request for discovery on the other party.
(2) When a request for discovery is directed to an officer or employee of the city, the city shall make the officer or employee available on official time for the purpose of responding to the request, and shall assist the officer or employee as necessary in providing relevant information that is available to the city. A party seeking discovery from a nonparty officer or employee of the city shall initiate the process by serving a request for discovery on the nonparty officer or employee. Discovery from other nonparties may be initiated by serving a request for discovery on the nonparty directly. Absent a request or upon failure to obtain voluntary cooperation, discovery from a nonparty may be obtained by a written motion directed to the board or a hearing officer appointed by the board, showing the relevance, scope, and materiality of the particular information sought, and in addition in the case of a deposition, the date, time, and place of the proposed deposition.
(3) A ruling on the motion shall be issued by the board or a hearing officer appointed by the board that shall be served on the moving party as well as the director. If the motion is approved, it shall be the duty of the director to subpoena the individual or entity from which discovery is sought, specifying the manner and time limit for compliance. Initial requests of motions for discovery shall be served within 20 calendar days after an employee desiring to appeal disciplinary action of dismissal, demotion, or suspension, files with the director a written answer to the charges and requests a hearing. A party or nonparty shall file a response to the discovery request promptly, but not later than 15 calendar days after the date of service of the request or an order of the board.
(b) The director shall subpoena witnesses other than character witnesses, for or against the employee upon written request and affidavit that their testimony is necessary. Employees in the classified service shall be required to attend and testify without subpoena.