A request for production is a legal request for documents, electronically stored information, or other tangible items made in the course of
litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...
. In
civil procedure
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
, during the
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The Discovery ...
phase of litigation, a party to a
lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
may request that another party provide any documents that it has that pertain to the subject matter of the lawsuit. For example, a party in a court case may obtain copies of
email
Electronic mail (usually shortened to email; alternatively hyphenated e-mail) is a method of transmitting and receiving Digital media, digital messages using electronics, electronic devices over a computer network. It was conceived in the ...
messages sent by employees of the opposing party.
The responding party is required to furnish copies of any documents that are responsive to the request, except for those that are legally
privileged. The responding party also can submit a response to the requestor explaining why the documents cannot be produced. For example, the responding party may indicate that documents are unavailable because they have been destroyed, that it would be unduly burdensome to produce the documents, or that the documents are not in possession of the responding party. However, the requestor then may file a
motion to compel discovery to ask the court to order the responding party to produce documents.
The rules governing requests for the production of documents vary from jurisdiction to jurisdiction; in the
U.S. Federal court system, such requests are governed by Rule of the ''
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...
''.
References
See also
*
Electronic discovery
*
Inspection of documents
*
Second request (law)
Civil procedure
Discovery (law)
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