Production of Documents

Detailed Examples and Case Studies

The production of documents is a crucial phase in the discovery process of civil litigation. It involves a written request from one party to another, asking for specific documents that are relevant to the case. These documents can include financial records, emails, images, data, and other types of information that are in the possession, custody, or control of the responding party. The following examples and case studies illustrate how the production of documents is used and its significance in various legal contexts:

Legal Examples:

• Example 1: Financial Records in a Divorce Case
  In a divorce proceeding, one spouse may request the production of financial documents from the other spouse, including bank statements, tax returns, and investment accounts. This information is critical for determining the division of assets and any alimony obligations.
• Example 2: Emails in a Breach of Contract Case
  In a breach of contract lawsuit, the plaintiff may request the production of emails and communications between the parties involved. These documents could provide evidence of the terms of the agreement, any modifications, and any breaches that may have occurred.

Relevant Cases:

These cases further demonstrate the application and impact of document production in legal proceedings:

• Zubulake v. UBS Warburg: This employment discrimination case is a landmark for e-discovery. The court ordered the production of emails and other electronic documents that were relevant to the plaintiff's claims. The case established important precedents regarding the preservation and production of electronic evidence.
• Shelton v. American Motors Corp: In this products liability case, the court outlined the protection of work product doctrine in the context of document production during discovery. The decision emphasized the importance of balancing the need for relevant information with protecting attorney-client communications and strategy.

Real-World Impact:

• Relevance and Scope: The requesting party must specify the documents sought and demonstrate their relevance to the case. Broad or overly burdensome requests may be challenged and limited by the court.
• Compliance and Deadlines: The responding party is required to comply with the document production request within the specified timeframe. Failure to do so can result in court sanctions, including fines or adverse inferences drawn against the non-compliant party.
• Protection of Privileged Information: Documents that fall under attorney-client privilege or the work product doctrine may be exempt from production. The responding party must properly identify and log these documents to claim the privilege.
• Discoverability of Electronic Evidence: With the rise of digital communication, e-discovery has become a significant aspect of document production. Parties must be prepared to produce electronic documents, including emails, social media posts, and digital correspondence, in a legally compliant manner.
• Case Strategy: The production of documents can significantly impact the strategy of both parties. Obtaining critical evidence can strengthen a party's position, while withholding or failing to produce relevant documents can undermine credibility and legal standing.
• Document Review and Redaction: The responding party must review requested documents for relevance and privilege. Any sensitive or non-relevant information must be redacted before production, ensuring compliance with legal standards and protection of confidential information.