Ex Parte Cit Communication Finance Corp.

CIT Communication Finance Corporation ("CIT"),1 the defendant in an action pending in the Mobile Circuit Court, petitions this Court for a writ of mandamus 1) directing the Mobile Circuit Court to set aside its February 11, 2004, order granting the plaintiff's motion to compel discovery and 2) instructing the trial court as to the proper scope of discovery relating to class-action certification. CIT contends that the discovery sought by the plaintiffs is not discoverable under Ala. Code 1975, § 6-5-641(c), because, it argues, the information sought relates solely to the merits of the case and…