What can I use to force documentation from the opposing counsel that is vital to proving me case?

Full question:

After filing a "Request for Productions of Documents" with opposition counsel, opposition counsel has refused to provide such information saying they will not produce the documents unless I demonstrate greater relevancy and necessary protections for employee privacy. These documents are crucial to substantiating and proving my case. How can I force the production?

  • Category: Discovery
  • Date:
  • State: California

Answer:

Section 2031 of the California Code of Civil Procedure provides in part: “Any party may obtain discovery within the scope delimited by Section 2017, and subject to the restrictions set forth in Section 2019, by inspecting documents, tangible things, and land or other property that are in the possession, custody, or control of any other party to the action.”

Section 2017 provides in part: “Unless otherwise limited by order of the court in accordance with this article, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.

See the following forms on the USLF Website:
http://www.uslegalforms.com/ca/CA-5070-KL.htm
http://www.uslegalforms.com/ms/MS-60534.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To request documents from opposing counsel, you typically need to serve a formal document called a 'Request for Production of Documents.' This request should specify the documents you seek and their relevance to your case. Ensure you follow the rules of civil procedure applicable in your jurisdiction, which outline how and when such requests must be made. After serving the request, the opposing counsel has a set time to respond. If they refuse or do not comply, you may need to file a motion to compel production with the court.