The Alabama Supreme Court partly granted a mandamus petition in this discovery dispute. It first held that the substantively unchallenged affidavit of the plaintiff’s lawyer, describing an unrecorded hearing in the trial court, provided sufficient evidence to defeat the mandamus petition. It then held that the trial court had exceeded its discretion by compelling wider discovery than the plaintiff had sought. Ex parte Guaranty Pest Control, Inc., No. 1080386 (Ala. Apr. 24, 2009).
In Ex parte Vulcan Materials, [Ms. 1051184] (Ala. April 25, 2008) , the Alabama Supreme Court clarified the allowable scope of post judgment discovery in connection with a review of punitive damages, including the scope of discovery regarding a defendant’s financial position. The decision also includes interesting concurrences by Justice Murdock and Chief Justice Cobb.