These are written orders that may be directed only to persons who are parties
to a lawsuit. A request for production describes certain documents or classes
of documents and requests that the party either provide copies or produce the
document at a convenient time for inspection by the requesting attorney.
These requests can be quite onerous. In business litigation, opposing counsel
might request all of a company's business records for the last ten years. In
medical litigation involving allegations of systematic fraud, the physician may
be required to produce the records of all patients.
Motions for production are also used by defense attorneys to evaluate the
plaintiff's case. These defense motions may inquire into past tax returns,
employment records, divorce decrees and settlements, and any other documents
that may illuminate the value of the plaintiff's case.
Motions for production can be a valuable way to develop evidence, or they may
be used to harass and financially exhaust an opponent. Since they may be sent
only to a party in a lawsuit, that party's attorney will review and contest
unreasonable requests.
Once the items to be produced have been agreed upon, it is critical to comply
fully with the request. Under no circumstances should records be destroyed
after they have been requested. This can result in monetary fines. In extreme
cases, when it is clear that the party intended to obstruct justice through the
destruction of the documents, the judge may order that the opposing party wins
the case.
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