In
Masterbrand Cabinets, Inc. v. Meleya Gilmore, [Ms. 2100937, Jun. 8, 2012], __ So. 3d __(Ala. Civ. App. 2012), the Alabama
Court of Civil Appeals addressed whether a trial court exceeded its discretion
when it granted a motion to quash depositions that were noticed after
the discovery cutoff date. The party seeking to take the depositions argued
that they were "trial" depositions of unavailable witnesses
pursuant to Rule 32 of the Alabama Rules of Civil Procedure, and thus
the discovery cutoff date in the scheduling order was inapplicable. The
Court held that "there is no distinction between discovery depositions
and trial depositions" and therefore the trial court did not exceed
its discretion when it granted the motions to quash.
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