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Q
What are "Requests for Production?"

A

Another tool in the Idaho trial lawyer’s discovery toolbox is the request for production of documents and other tangible things for inspection and copying.

REQUESTS FOR PRODUCTION REQUIRE A RESPONDING PARTY TO PRODUCE DOCUMENTS RESPONSIVE TO A REQUEST WITHIN THIRTY (30) DAYS FROM THE DATE THE REQUESTS ARE SERVED SO LONG AS THE REQUESTS ARE REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE AND ARE NOT OTHERWISE PRIVILEGED.

Rule 34 of the Idaho Rules of Civil Procedure allows the trial lawyer to serve a formal request upon any other party in a lawsuit to produce for inspection and copying any and all documents that are in the possession, custody and control of the responding party. The scope of the request for production is the same as that pertaining to interrogatories. The requesting party may request for inspection and copying any document or tangible thing so long as the request is reasonably calculated to lead to the discovery of admissible evidence which are not otherwise privileged. The responding party has within thirty (30) days in which to respond to the request.

A RESPONDING PARTY MUST PRODUCE FOR INSPECTION DOCUMENTS AND TANGIBLE THINGS THAT ARE WITHIN THE PARTY’S "POSSESSION, CUSTODY AND CONTROL."

Typically, requests for production are individually numbered. Each request provides an obligation upon the responding party to gather together the documents requested that are in the "possession, custody and control" of the responding party and agents working on behalf of same, including, but not limited to, the other party’s insurance carrier. The rules of procedure require the responding party to produce the documents and other tangible things requested for inspection and copying within thirty (30) days from the date of the request documents that are responsive to the request so long as the request is "reasonably calculated to lead to the discovery of admissible evidence" that are not otherwise privileged.

Artful requests can provide the trial attorney with access to documents that might not otherwise be available to the lawyer or his client. The requests and documents produced in response thereto can assist the trial lawyer with the ability to obtain documentation and information that can prove the case on behalf of his client or disprove the opponent’s alleged claims or defenses.

IF A PARTY’S RESPONSE TO A REQUEST FOR PRODUCTION IS EVASIVE OR INCOMPLETE, THE REQUESTING PARTY CAN FILE MOTION TO COMPEL DISCOVERY SEEKING A COURT ORDER REQUIRING THE RESPONDING PARTY TO PRODUCE THE DOCUMENTS SOUGHT.

If the responding party refuses to produce the documents requested, the inquiring party can file a motion to compel the responding party to produce the documents requested. This can assist the trial lawyer in being able to prepare for the taking of depositions in a number of areas to prove and disprove facts to be addressed at trial.

DEPENDING ON THE NATURE OF YOUR CASE, REQUESTS FOR PRODUCTION CAN PROVIDE YOU WITH A TREASURE TROVE OF INFORMATION RELEVANT TO YOUR CLAIM OR DEFENSE.

Depending on the nature of the case, formal requests for production can lead to the identity of strengths or weaknesses in the other party’s claims or defenses.

In the case of an auto accident, requests for production can require the opposing party and their counsel to produce copies of medical records and bills both prior and subsequent to the accident; documents regarding the repair or estimates of value regarding the damaged vehicle or other property; expert witness reports and documents relied upon by the witness in formulating any opinion to be rendered at trial; the resume of the other party’s expert witnesses; written statements acquired from any witness; the insurance policy of the other party; any audio or video recordings of any statement rendered by ther other party including any statements rendered to a police office after a car wreck or to the other party’s insurance claim representative; photographs; x-rays, MRIs, CT scans; and documents referred to in the other party’s answers to interrogatories.

In cases involving product liability, requests for production can require the other party to produce any and all documents used or referred to in the design and testing of the product in question; any and all prior claims or lawsuits filed against the manufacturer or distributor of the product or warning labels as well as expert witness reports.

BOISE TRIAL LAWYER ALAN MORTON HAS OVER 32 YEARS OF EXPERIENCE AS A TRIAL LAWYER PROVIDING LEGAL SERVICES TO IDAHOANS LOCATED THROUGHOUT THE STATE OF IDAHO.

If you have been injuried or otherwise damaged due to the negligence or responsibility of another person or institution, you should seek a free consultation with an experienced trial lawyer. Boise Trial Lawyer Alan Morton has over 32 years of experience as a trial lawyer who is willing to provide you with an initial free consultation at his office or your home, workplace, hospital or any other convenient location. Mr. Morton has provided legal service to Idahoans throughout the state of Idaho and beyond. He can be reached at 208.344.5555, toll free at 888.716.8021 or by completing an online contact form. You may also wish to checkout the testimonials of Mr. Morton’s clients regarding the quality of the services that Mr. Morton and his staff has provided to them in their hour of need.

Alan Morton
Advocate for Justice/Trial Lawyer