Ala. R. Civ. P. 45

(a) Form; issuance.

(1) Every subpoena shall

(A) state the name of the court from which it is issued; and

(B) state the title of the action, the name of the court in which it is

pending, and its civil action number; and

(C) command each person to whom it is directed to attend and

give testimony or to produce and permit inspection, copying, testing, or

sampling of designated books, documents, electronically stored

information, or tangible things in the possession, custody or control of

that person, or to permit inspection of premises, at a time and place

therein specified; and

(D) set forth the text of subdivisions (c) and (d) of this rule.

A command to produce evidence or to permit inspection, copying, testing,

or sampling may be joined with a command to appear at trial or hearing or at

deposition, or may be issued separately. A subpoena may specify the form or forms

in which electronically stored information is to be produced.

(2) A subpoena commanding attendance at a trial or hearing and a

subpoena commanding attendance at a deposition shall issue from the court in

which the action is pending.

(3) The clerk shall issue a subpoena to a party requesting it, except that

a

subpoena for production, inspection, copying, testing, or sampling separate

from a subpoena commanding the attendance of a person shall issue from the

court in which the action is pending pursuant to the additional requirements set

forth below:

(A) Notice of Intent to Serve Subpoena for Production or

Inspection. The party seeking issuance of a subpoena for production,

inspection, copying, testing, or sampling shall serve a notice to every other

party of the intent to serve such subpoena upon the expiration of fifteen (15)

days from the service of the notice, and the proposed subpoena shall be

attached to the notice. The court may allow a shorter or longer time. Such

notice may be served without leave of court upon the expiration of fortyfive

(45) days after service of the summons and complaint or other mode of

service under Rule 4–Rule 4.4 upon any defendant, except that leave is not

required within the forty-five- (45-) day period if a defendant has previously

sought discovery.

(B) Objection to Issuance of Subpoena for Production or

Inspection. Any person or party may serve an objection to the issuance of a

subpoena for production, inspection, copying, testing, or sampling within ten

(10) days of the service of said notice and in such event the subpoena shall

not issue. The party serving the notice may move for an order under Rule

37(a) with respect to such objection. If no objection is timely served, the

clerk shall cause the subpoena to be issued upon the expiration of fifteen

(15) days from the service of the notice or upon the expiration of such other

time as may have been allowed by the court.

(C) Content of Subpoena for Production or Inspection. The

subpoena shall be directed to a person at a stated address, and, if the name

of the person is not known, the subpoena shall give a general description

sufficient to identify the person or the particular class or group to which the

person belongs. The subpoena shall set forth the items to be produced,

inspected, copied, tested, or sampled, either by individual item or by

category, and describe each item and category with reasonable particularity.

The subpoena shall specify a reasonable time to comply of no less than

fifteen (15) days after service unless the court orders otherwise and the

manner of making the inspection, production, copying, testing, sampling,

and performing the related acts. Such activities with reference to

documents, including electronically stored information, or tangible things

shall take place where the documents or tangible things are regularly kept

or at some other reasonable place designated by the recipient. The

subpoena may give the recipient an option to deliver or mail legible copies

of documents or things to the party serving the subpoena, but the recipient

may condition the preparation of copies on the payment in advance of the

reasonable cost of making such copies. Any other party shall have the right

to be present at the time of compliance with the subpoena. The subpoena

shall advise the recipient of the right to object at any time prior to the date

set forth in the subpoena for compliance therewith.

(D) Availability of Copies of Documents. If the party serving the

subpoena obtains copies of documents, including electronically stored

information, or things, that party shall make available a duplicate of such

copies at the request of any other party upon the payment of the reasonable

cost of making such copies.

(b) Service.

(1) A subpoena issued on behalf of any party may be served by the

sheriff, a deputy sheriff, or any other person who is not a party, who is not related

within the third degree by blood or marriage to the party seeking service of process,

and who is not less than 19 years of age or by certified mail or commercial carrier

pursuant to the provisions of Rule 4. Service of a subpoena upon a person named

therein shall be made by delivering a copy thereof to such person or by leaving a

copy at the person's dwelling house or usual place of abode with some person of

suitable age and discretion then residing therein and, if the person's attendance at

a place more than 100 miles from the person's residence is commanded, by

tendering to that person the fees for one day's attendance and an amount to

reimburse the mileage allowed by law. Prior notice of intent to secure the issuance

of a subpoena to command production of documents and things or inspection of

premises before trial under the procedure set forth in subparagraph (a)(3) of this

rule shall be served on each party in the manner prescribed by Rule 5(b).

(2) Subject to the provisions of clause (ii) of subparagraph (c)(3)(A) of

this rule, a subpoena may be served at any place within the state.

(3) Proof of service when necessary shall be made by filing with the clerk

of the court by which the subpoena is issued a statement of the date and manner

of service and of the names of the persons served, certified by the person who

made the service.

(c) Protection of persons 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 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, copying,

testing, or sampling of designated electronically stored information, 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 subdivision (d)(2) of this rule, a person commanded to

produce and permit inspection, copying, testing, or sampling at any time before the

time specified for compliance may serve upon the party or attorney designated in

the subpoena written objection to producing any of or all the designated materials

or to inspection of the premises or to producing electronically stored information in

the form or forms requested. "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, copy, test, or sample 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,

inspection, copying, testing, or sampling. Such an order to compel shall protect any

person who is not a party or an officer of a party from significant expense resulting

from the inspection, copying, testing, or sampling 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 a 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 expense 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.

(3) If a subpoena does not specify the form or forms for producing

electronically stored information, a person responding to a subpoena must produce

the information in a form or forms in which the person ordinarily maintains it or in

a form or forms that are reasonably usable.

(4) A person responding to a subpoena need not produce the same

electronically stored information in more than one form.

(5) A person responding to a subpoena need not provide discovery of

electronically stored information from sources the person identifies to the

requesting party as not reasonably accessible because of undue burden or cost.

On motion to compel discovery or to quash, the person from whom discovery is

sought must show that the information is not reasonably accessible because of

undue burden or cost. If that showing is made, the court may nonetheless order

discovery from such sources if the requesting party shows good cause,

considering the limitations of Rule 26(b)(2)(B). The court may specify conditions

regarding the production of the discovery.

(6) If information is produced in discovery that is subject to a claim of

privilege or of protection as trial-preparation material, the person or party making

the claim may notify any party that received the information of the claim and the

basis for it. After being notified, a party must promptly return, sequester, or destroy

the specified information and any copies it has and may not use or disclose the

information until the claim is resolved. Any party or the producing person may

promptly present the information to the court under seal for a determination of the

claim. If the receiving party disclosed the information before being notified, it must

take reasonable steps to retrieve it. The person who produced the information must

preserve the information until the claim is resolved.

(e) Contempt. Failure by any person without adequate excuse to obey a

subpoena served upon that person may be deemed a contempt of the court from

which the subpoena issued. An adequate cause for failure to obey exists when a

subpoena purports to require a nonparty to attend or produce at a place not

within the limits provided by clause (ii) of subparagraph (c)(3)(A).

(dc) District court rule. Rule 45 applies in the district courts.