In re: Omni Healthcare Financial, LLC, [Ms. SC-2023-0027, Dec. 15, 2023] __ So. 3d __ (Ala. 2023). The Court (Bryan, J.; Parker, C.J., and Shaw, Wise, Sellers, Mendheim, Stewart, and Mitchell, JJ., concur) reverses the Dale Circuit Court’s order holding Omni, a North Carolina limited liability company, in contempt for failing to comply with a nonparty subpoena.
After the defendants served a nonparty subpoena on Omni’s registered agent in Alabama, Omni responded by producing certain documents while also asserting certain objections. Ms. **2-3. The circuit court entered an order granting defendant’s motion to hold Omni in contempt for failing to comply with the subpoena. Ms. *3.
The Court reverses because the defendants did not obtain an order from a North Carolina court directing Omni to produce the documents, which were located at Omni’s facility in North Carolina, as required by Rule 37(b)(1) for nonparty documents located entirely within the jurisdiction of foreign courts. Ms. *8.