Local Rule LR 81.1: Proceedings to Compel Testimony or Production
N.D. Ala. — Civil rule
LR 81.1 Proceedings to Compel Testimony or Production. Proceedings to compel the giving of testimony or the production of documents in accordance with a subpoena issued by an officer or agency of the United States under any statute of the United States shall be conducted in the following manner except to the extent otherwise required by statute or, for good cause shown, ordered by a judge of the court:
(a) The pleading filed to commence such proceeding, however labeled, shall be treated as a petition for an order to show cause, if any there be, why the relief requested therein should not be granted. Affidavits under Fed. R. Civ. P. 56 may be attached to the petition. A copy of the petition and any attachments thereto, together with a copy of the show cause order, shall be served on the defendant(s) in accordance with Fed. R. Civ. P. 4.
(b) Within the time specified in the show cause order (as may be extended by the court), each defendant shall serve an answer to the petition which shall consolidate all defensive matters, in law or in fact, including those which may be made by motion. Affidavits under Fed. R. Civ. P. 56 may be attached to the answer.
(c) Upon filing of the answer(s), the proceeding shall be deemed (without necessity for separate motions) to be tendered to the court on cross-motions for judgment on the pleadings or for summary judgment under Fed. R. Civ. P. 12(c) and 56. If not disposed of under Rule 12(c) or 56, the proceeding shall be expeditiously set for hearing.
(d) Except as otherwise permitted by a judge of the court for good cause shown, Fed. R. Civ. P. 26-37 are inapplicable to such proceedings.