Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Alabama, you can use a court-ordered subpoena duces tecum to collect documents from third parties or government custodians in probate or civil actions. The process varies depending on whether you pursue the subpoena through the probate court or under the Alabama Rules of Civil Procedure.
- Identify the proper court and case
Locate the estate file in the county probate court. If you already have a civil action related to the estate, confirm the civil case number in circuit court. - Choose the correct subpoena procedure
For probate records, Alabama Probate Code authorizes issuance of subpoenas under Ala. Code § 43-2-121. For civil suits, use the subpoena duces tecum process in Ala. Code § 12-21-92. - Draft the subpoena duces tecum
Include the case caption, name of the records custodian, and a clear description of documents you seek. Specify the date, time, and location for production. - File the subpoena with the clerk
Submit the original subpoena and required copies to the court clerk. Pay any applicable filing fee. - Serve the subpoena
Serve the custodian at least five business days before the return date via a sheriff or private process server. - Address objections
The recipient may object or file a motion to quash within five business days of service. Attend any hearing to argue relevance and scope. - Enforce or comply with the subpoena
If the custodian fails to comply, file a motion to compel under the relevant rule. If they comply, review the documents to support your estate matter.
Key Alabama Statutes
- Ala. Code § 12-21-92 – Subpoenas to produce documents in civil actions
- Ala. Code § 43-2-121 – Subpoenas in probate proceedings
Helpful Hints
- Confirm the correct case number and judge before drafting the subpoena.
- Use precise language to describe records and avoid overbroad requests.
- Check local court rules for special filing or service requirements.
- Keep proof of service and copies of all filings on file.
- Consult an attorney if the custodian moves to quash or fails to comply.