Production Of Documents
In a civil lawsuit one party in the lawsuit can send a written notice requesting the other party to provide certain documents at trial. This written notice is what is referred to as a notice to produce documents. A notice to produce documents is often sent during the discovery phase of a lawsuit. Discovery is a pre-trial process in which all the parties involved in the case obtains evidence from the opposing party and others. The attorneys of both sides will try to obtain evidence through requests of information, interrogations, depositions and more. A court enforces the notice to produce documents.
Evidence You Can Obtain Using A Notice To Produce Documents
The different types of evidence that can be obtained using a notice to produce documents depend on your particular case. In a case where a party and an insurance company cannot agree on to a reasonable settlement for damages, the insurance company’s lawyer may demand for documents such as medical bills related to your injury, your tax records and more. A party or that party’s lawyer is allowed to test, to inspect, to copy, or sample any designated documents including:
- Sound recording
- Electronic stored information and more
The law also allows any party to serve on any other party a request “to permit entry upon designated land or other property in the possession or control of the party on whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon…”
Responding To A Notice To Produce Documents
You can respond to a notice to produce documents by sending the documents two days before the date required. The recipient of the written notice can also respond by bringing the documents to the court date or mediation session. But you do not have to give the party that sent you the notice all the documents that party demands. You can object to sending the documents by explaining why you cannot send the documents.
A document required by the other party may have been destroyed or may not even exist. If you feel a request is overly burdensome, talk to your lawyer to help you object to that request. Some requests go as far as asking for documents that would violate attorney-client privilege. You should also talk to your lawyer if the request is too broad that you don’t know what particular document to send. The party requesting for the documents is allowed to file a Motion to Compel Discovery to obtain documents that you object to sending to them.
Can You Send A Notice To Produce Documents?
You can also serve the other party that sent you a request with a notice to produce documents. Your lawyer can help you identify the documents to include in your request. The documents can provide you with valuable evidence that can help your case. An experienced lawyer can help you navigate the pre-trial discovery period of your case, and make it less intimidating.