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Request for Production

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A formal discovery tool in civil litigation where one party requests that another party produce specified documents or tangible things for inspection and copying. This allows parties to gather evidence relevant to the lawsuit and assess the strength of their case.
The defense attorney served a request for production on the plaintiff, seeking copies of all medical records related to the alleged injury.

Real-Case Example:

In the case of Zubulake v. UBS Warburg LLC (2003), the plaintiff requested emails and other electronic documents from the defendant during discovery. The defendant failed to produce all relevant documents, resulting in sanctions and adverse inferences being drawn against them. This case highlights the importance of complying with requests for production and the potential consequences of non-compliance.

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Frequently Asked Questions

A request for production allows parties to obtain relevant evidence in the possession or control of the opposing party. This helps parties assess the strength of their case, identify potential witnesses, and prepare for trial.

The request can seek any relevant documents, including emails, contracts, photographs, videos, or any other tangible things. It can also include requests for inspection of property or electronically stored information (ESI).

Failure to comply with a request for production can result in sanctions from the court, such as monetary penalties, adverse inference instructions to the jury, or even dismissal of the case. It is important to respond to requests for production in a timely and complete manner.

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