A document production request is a demand for certain documents in civil litigation, subject to discovery rules. The receiving party can grant or deny the request, and if granted, the documents can be used as evidence. If denied, the requesting party can file a motion to compel production.
A document production request is a request made by one party in a civil litigation for the other party to present certain documents to him or her for consideration. The claim is governed by the rules of discovery, which dictate what evidence is subject to the other party’s scrutiny during litigation. These rules vary from jurisdiction to jurisdiction, but generally any non-privileged matter that is relevant to a party’s claim or defense is discoverable through a request for production of documents. Upon receipt of the request, the receiving party may grant or deny the applicant the right to view the identified documents.
A document production request is something that is typically filed during the discovery, litigation phase that involves each party gathering and organizing their own evidence in preparation for trial. During discovery, anything underprivileged that pertains to the case is typically discoverable. Any documents that were not created by opposing counsel in anticipation of litigation are typically not privileged for discovery purposes.
A typical document production request will be thorough in its identification of the documents to be submitted. Generally, he will request all writings related to the party and identify those writings as including everything from handwritten notes, to financial documents, to schedules. The onus then falls on the receiving party to provide copies of all requested documents or to refuse on the grounds that they are privileged.
Once a document production request has been granted, the requesting party will normally receive copies of all documents requested for its review. These documents can then be used to build your case against the other party or to defend yourself against proposed charges. The scope of detectable documents is much broader than what is admissible in court, so documents must be scrutinized carefully to determine their potential use in court. If you have questions about the documents provided in response to a document production request, the party may request an evidentiary hearing to determine the admissibility of the documents.
If the receiving party denies, in whole or in part, the requesting party’s request for the production of documents, then it can file an application to compel the production of documents. A motion to compel production is a request to the court to order the receiving party to produce the requested documents. If the court does not grant a protective order to the receiving party regarding the documents it has denied providing, then he or she will be forced to provide the requesting party with the documents or potentially face contempt of court.
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