Appellate Law

Failure to Attach Relevant Documents to Mandums Petition Leads to Denial

In Ex parte Allianz Ins. Co. of North America, [Ms. 1070114] (Ala. Dec. 5, 2008), the Court demonstrated the importance of attaching all necessary documents to a petition for writ of mandamus.  The petitioners sought a writ of mandmus to have an order compelling discovery reversed.  However, the petitioners did not attach to th epetition a copy of its response to the motion to compel or a copy of its motion for protective order.  Because the petitioners did not show that they made the arguments to the trial court, and because they failed to present all necessary parts of the record to the Court, the petition was denied.

Full post as published by Alabama Appellate Watch on December 12, 2008 (boomark / email).