§ Form67 Motion to Strike Out Complaint and Dismiss Action for Failure of Plaintiff to Give Deposition

Codes > Alabama Rules of Civil Procedure > Appendix I > Form67 Motion

Form67. Motion to Strike Out Complaint and Dismiss Action for Failure of Plaintiff to Give Deposition.

    Defendant moves the Court for an order striking out the Plaintiff's complaint and dismissing the action with prejudice and with costs to Plaintiff upon the ground that on ______, 19___ Defendant duly served on Plaintiff's counsel a notice for the taking of Plaintiff's deposition upon oral examination on ______, 19___, at_before ______, and Plaintiff failed to appear before the said __ ________ at the time and place mentioned in said notice, as more particularly shown by the affidavit of __________, attached hereto as Exhibit A.