How to respond to request for production of documents
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- Опубліковано 29 сер 2024
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Attorney Steve, the intellectual property and entertainment lawyer, discusses litigation essentials such as how to serve and respond to requests for production of documents and inspection (RFP's).
The RFP is a very important litigation discovery tool. It helps a litigant (either a Plaintiff or a Defendant) or sometimes a party to the arbitration, obtain documents, photos, statements, emails, text messages, copies of contracts and licensing agreements, and other written evidence from your opponent.
The party who is served the RFP has a duty of inquiry and due diligence and must respond in writing and produce the documents in the time, place and manner requested. If not, a meet and confer letter and eventual motion to compel production (with a request for attorney fees or other sanctions) may be filed with the Court.
NOTE: Check your rules in your state, but in California, you do not file discovery documents with the Court. This is a private exchange of documents between parties in the litigation. So when you send an RFP the other party will need to serve their responses directly to you unless some other court rule applies.
This video will provide a basic general legal overview of how this discovery tool works. If you need legal counsel for business, real estate, intellectual property, personal injury, or insurance law call us to discuss your case. We can be reached at (877) 276-5084 or click on the link above to go to our main website.
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Fantastic teaching skills. Clear cut simplified organized. Teacher by nature.
Thank you, I appreciate your wonderful feedback!!! Steve
great explanation for us PRO PER people out here---huge thank you!!!
That's what we do!! You are welcome! SV
Attorney Steve, your videos have helped me to study for my litigation class significantly. You're amazing and utterly articulate explaining concepts and procedures.
Thank you Tomas, glad to hear it!! See you at the top!! Steve
This is great... your delivery was well thought out and very usefull... Cheers!
Thanks Gerry!! Steve
Thank you Steve. Very helpful. I'm in the Raleigh, NC area and forced to go pro se at this time as the defendant is a large corporation and the case deals with chemical poisoning; so, many lawyers were too scared to help. Did burn through $25k with one firm but they did not know how to progress. So, 100 thank you's for this video. Had to do a dissertation on the chemistry, a deep study on the HVAC systems, and now having to dive into the legal. Meanwhile, other people are still being poisoned when these systems fail like ours did. :-(
You are welcome Tim!
Your so intelligent and a great teacher!!! Keep up the great work!!!
I appreciate that! Lot's of hard work and study. : ) . Steve
I have watched way too many of your educational and informative videos that in no way are to be misconstrued or taken as legal advice to not take a minute to thank you Mr. Vondran.
Thank you for all of your time, effort and hard work that goes into making these entertaining and easy to understand videos. And thank lady liberty for the litigation white board !!!
You are appreciated very much Attorney Steve, I personally and sincerely thank you.
Cheers
Aw, that is the best review ever. I really really appreciate you!! Steve
@@attorneysteve your reply made my day Attorney Steve. Thank you again, I will make sure to continue and hit that like button every video of yours that I view. You have been a huge blessing for pro per litigants like myself. Please keep producing your videos, we need you.
Very impressive sir. These parts we learn in law firms. ...hats off
Thanks Hamad!
US law is similar to UK law...
I can see useful terms and approach I can build upon
Reading UK Court Practice Rules & Directions doesn't seem so daunting once you have a clue ...
Very good video Steve.
I've made some great notes.
Will be watching more videos...have subscribed to channel x
@@attorneysteve Sir, you wrote a synopsis of your lecture on the white board. But it's very hard to read. Can you make this more clear?
Sometimes your requested documents are the source of losing your case.
And so it goes...
How is that?
Care to elaborate?
Wonderful teaching. Thanks so much, may god bless you in his mighty way,
You are welcome, I appreciate the well-wishes!! Steve
I got good reminders with my case since no lawyer and not familiar with court procedures cheats. The defendants got to scramble after compel filed.
Another great one.
So, if I watch all your clips do I get an honorary law degree?
LOL......you know I would love to be able to offer that. One problem is I am only giving you a small percentage of the knowledge you would need to know!! Maybe I can offer a certificate of some sort - I will have to look into that. Great idea. : )
Only if you win some cases with the knowledge.
😂 😂 That's why it's called *"PRACTICING"* law, not "watching legal info clips on youtube." 😂 😂
You get an honorary In Pro Persona degree. :)
Thank you, Steve!!!!!!
My pleasure Jennifer!! Steve
Furthermore I agree with Attorney Steve. That's interesting. Good luck. No gloves for this round.
why am i watching this im not even a law student
Because you have great taste and you are awesome!!! : ) Thanks for watching. Steve
banana LOL
I am watching this because I am doing the case work after finding out an attorney forced himself into my mother's trust and is lying to protect his families conflict with the trust wording. It is very hard to delegate a case when this happens because of the unfair advantage involved and the time it takes for a plantiffs attorney to get up to speed.
Hi, Steve, great video! I am a plaintiff in a breach of contract case at the Federal court. The defendant asked for my detailed financial documents. I thought they are not even related. Are plaintiffs required by the Federal court to turn in Financial documents like tax returns?
Best to get specific legal advice on that. Important question. I don't like to turn them over unless I have to. Those are private, but you need to check with legal counsel familiar with the facts of your case. Best, Steve
Anything on how to answer/object to discovery? Starting a paralegal career and would like to hit the ground running!
Steve I have a question, if the Plaintiff doesn’t have an expert witness for a negligence case. Do you think this case will head to jury trial? I filed a counter affidavit and am almost done with discovery. Now the other party said they are not require to have an expert witness. I thought Plaintiffs are suppose to have at least an expert witness or else they don’t have really a defense.
Hello Steve. Are we able to hire an Attorney to do specific tasks? My father has an attorney but she requested to be released the moment he started asking why the Demurrers stated there was little evidence and found out the subpoenas were never sent nor the trust from the originating Attorney sent.
He is having a very hard time finding an attorney and she won't do them. He paid $20k and at this stage he cannot do this alone. Its too much. Even the declaration and evidence submission is alot for a person. Especially one who is already under duress.
How can you get help to do these things so it doesn't harm your case? Can he hire an attorney to do those things?
Generally speaking, you can try to find a local attorney that specializes in the area of law you are dealing with. If the lawyer is not doing their job, you can consider filing a complaint with the state bar in your state. Attorneys are supposed to do what they say they will do, and professionally. Steve
Thank you it was very helpful
Hi Steve, question for u.
what are the California civil provisions of Stat. § , or applicable statute(s), the undersigned requests the following documents from the Plaintiff.?
Thank you Steve
Excellent.
Thanks!!! SV
Plaintiff. Request for docs, pics etc. Can I enter. " Filed on the docket "
I am going thru a divorce and my wife's attornet literally just hit me with this for going back three years. I am literally a 40hrs a week employee with a regular job and she is as well. I just dont see why she tried to hit me this hard. 3 yrs of bank statements to our joint account, payroll stubs for three years. She seems way to excessive.
I don't like requests. I enjoy the weight of the word we call "demand"
I have never heard it called "Demand for Production of Documents" but hey, more power to you! Whatever gets the job done. SV
@@attorneysteve Thanks I was kidding. The demand is Subpoena DT, but of course only if "the hand is forced"
@@attorneysteve "more power to me" is a great theme. I'll take it. I sent your office a note about my case Donovan v. Google. I have videos too but I'm amateur and I really like your presentation style a lot!
Or "We command you to respond in 30 days"
I've Request from my Ex Employer for copies of All Written Documents, Emails, Video, Names of Individuals who was Assigned to do Investigation and there Statements and they have Refused. I have informed the Company that this is in Violation of my Appeal Rights in Order to Respond Correctly. This is a case in Georgia by them doing this do this Fall Under On-going Retaliation by the Company for their Wrongful Termination
Thank you for sharing!
Can we provide that the petitioner is trying to accuse us of abuse ?
Should a doctor be demanding your medical record if your seeing him shouldn't he already have that?
Very informative video thanks .any Idea for bar exam preparation ???
Can I inspect the document at other party's attorney's office?
Thank you for the great video tutorial. Am I right in presuming that in a case where there is an order of protection between two pro se parties that the judge will implicitly understand that the meet and confer step wouldn't be appropriate?
What happens if bob is suing Larry and bob sends Larry request to admit questions and Larry don’t answer or beats around the bush and don’t not actually answer the questions? What happens if Larry lies on the answers and bob has concrete proof that he in fact did lie? Or Larry don’t put his wittiness down and don’t submit them on time ?
Just curious lol
Great questions April.....I will try to do a video responding to those questions, probably in the context of a "request for admissions" video. Stay tuned!! Steve
Steve Vondran that would be awesome Mr Vondran. I’d appreciate it
Excuse me? The objection on the 5th. Business license = Documentation that is part of the particular daily operations of the defendants business. Your objection under FRE or Standard evidence rules could fall under impeachment if the plaintiffs attorney was skilled and could possibly maneuver hearsay or even 2nd party hearsay. I myself would just file the motion to compel and leave it to the opposing party to stand in front of your honoured with that objection based on the 5th. Please educate me with examples of case law in aboveforementioned where the issue was argued and stood. That would be an interesting reading.
Do you handle cases that involves Federal Question Jurisdiction, in which I don't have to go through trial, I just need to file a Complaint and a Summary Judgement. Thanks! yup... it's that easy.
What about a conflict with the defendant commiting penalty of perjury after the 912 limitations/
How does it work if you send them a request of admissions, interrogatories and request for production of documents and after 30 days I have gotten. No written response from them. I checked on the civil procedure and it was done correctly. What opinions are there now?
very helpful, thanks.
since you are in both arizona and california do you have to have a fara registration?
Under the 5th amendment we are protected against self incrimination. Giving them ANY document or statement goes against the constitution. The burden of proof lies on the plaintiff. I do not have to supply any documents. The plaintiff has to find and provide them their self.
Sounds interesting.....good luck!
But if you are a business or a licensed professional, it's expected for you to keep records in case someone accuses you of wrongdoing. (for the length the statute requires) Like he said, 3 years for real estate documents in California.
A Motion To Compel
Steve Vondran LMAO.
@@attorneysteve LOL!
I went to your website and all I found was a sales attempt.
What if a meet and confer letter is received but they don't actually intend to meet and confer
I put everything in writing, and I keep pushing. You may need to confer with local legal counsel Shelby! Steve
@@attorneysteve so I have the first attorney that took my case decided to file pro per for me due to a case he was dedicated to and now a second attorney is doing the same thing. It's very frustrating. Especially since the doctor im sueing has 4 or more active cases against him. Oh I also was wondering if there's anything that can be done if the medical board stayed a suspension 3 times after this doctor continued to get duis and fail drug test. I Just think had they stopped giving him chances I wouldn't have been injured
If I am able to contact them and pay the bill they are subpoenaing for to I still need to go through this? Or do i just give them a call?
The problem is if you hired an attorney and the defendant attorney dragged your case. On and on for 2 or 3 years the plaintiff has to pay attorney fees and it may cost you more money on attorney fees then the amount your suing for specifically when you suing your condo association for breach of ownership contract condo association will spend unit owner money on attorney fees to fight you for their wrong doings and to let you know they hold the card and unit owner can't afford attorney fees to defend their rights
This is exactly what I'm going through right now as a pro se litigants I have to say I have learned a lot about the laws and its time consuming a lot of work specifically if you don't know the court prosiger rules right now defendant objected to my request for productions e interrogatory they gave me nothing they act like they don't have the records. My motion to compel was denied and now we have to meet and discuss the issue by court order bs after bs excuses after excuses trying to avoid giving me insurance claim document that was file on the behalf of my 2 units now they don't want to admit that they collected insurance money
Oh wow! What was the end
result?
Beast mode.
LOL
I am Pakistan based lawyer and preparing for California Bar. I need help in finding laws. Such as I need statutory code numbers. Real property; which law is included and what is it number in legislative list
at 11:40 kinda needs more examples for the left handed clients.
I may need to add a supplement video. Good idea. SV
@@attorneysteve OOOO YES PLEASE? I AM A LFTY, LOL!
When we request for a copy of a police report do we need to have a a court order from a judge?
No.
I am a pro se plaintiff in a pretrial situation, how do I ask interrogatories and request for documents from the defendant who has an attorney?
Send it to the attorney.
do you have a video on terminating sanctions? If I'm my own attorney can I ask for a Sanction or does it have to come from the judge? thanks
Write a motion for sanctions. Then schedule a hearing on your motion, then the Judge will decide on it.
is there a MIL separate video?
Hi Kevin, I plan to do a video on motion in limine. On my list!! Thanks for reminding me! Attorney Steve
Is really court interested to compel the erring party to complywith production request, since all would be taken care of in trial eventually????
JITU BURMAN Yes? Discovery is an essential part of any civil matter and that’s why the courts establish specific discovery deadlines. All things aren’t magically resolved at trial and parties are typically required to disclose trial exhibits prior to the actual trial date anyway.
I know there is no contract between me and that company. I haven't given them any personal information yet they sent me discovery. They are asking for my personal information and more. I wish for the company to leave me be.
Do I have to respond if I get the mail less 30 days before the hear?
I did that and they never responded. I requested verbally and that's on record and I requested by affidavit and they never responded. I guess if your going to win, they cheat.
Steve, I am pro per for the final phase of my divorce, after having spent $70k. I had no choice. I would like to ask my ex to produce documents such as rental and lease contracts, bank statements, credit bureau reports, to name a few. If I produced a set of documents and have it served to her on a pleading form, space am I allowed to have the documents returned to me personally for review or do they have to go through the court and or a third party? I am also here in California.
Hi Amy, check in the body of the video (the section where I can write comments). I think this was discussed in general there! Steve
Thanks, I guess I must have missed it. I will definitely re watch! Thank you for answering!
No, its in the section where I write comments.
Steve Vondran Thank you!
Ty!
What if the other party doesn't send a request for evidence, do I still need to send the evidence I have?
You should file everything to make your record.
I have child support enforcement hearings coming up... So I filed for documents and discovery. And the opposing partys attorney flat out ignored me... So I even said.. HELLO 30 DAYS IS UP! He ignored me... So I figured. I wasn't allowed to have them for hearings
I'm currently almost in the same position currently. Did you ever get the court to compel the evidence?
I am no attorney and also a pro se defendant in a Florida defamation case. If they don't respond to discovery, file a motion to compel with the court and ask for a hearing on the issue if the response is not provided by a reasonable date you specify. Ask the Judge's judicial assistant to schedule a hearing within a motion to compel. In return, I was served with a request to produce and responded with a request for 90 days extension. If one party files a discovery notice, respond with one also which may force the other party to a settlement agreement in lieu of providing the documentation which they may have reasons for not sharing.
Deuces tecum- may have spelled wrong
I hate when that happens! That's my third mistake this year!!! : )
can I request documents, & footage b4 court trial ?? b4 I even step 10 feet in a court room?
Yes.
Do you have to pay for documents?
No.
My lawyer did all discoveries except depositions, why I don't know. We got absolutely nothing back for all the discovery we did. My Lawyer told me he filed a motion to compel, this was in January this year, so I am waiting waiting for the new answers "interrogatories" I keep asking where are they, I find out on accident by one of his lawyers in his firm he did not file a motion to compel. Now he has withdrawn less than 30 days before trial. I spent 35k on him and have nothing. Motion for continuance has been filed twice, once by him once by me. I cannot find a lawyer to take over this case with this short of notice. Also statute of limitations has run out for a motion to compel. I went today to pick up my file at his office he approached me says can I help you? I gave him my name he says oh nice to finally meet you. We have never met before, I always thought that was strange, after a year and a half and 35k paid to him he drops out and we met for the first time. I think I am screwed cause of his dumbest dumb self. This is just the tip of the iceberg. Steve you are awesome wish you could be my attorney, but I am in Texas. Any suggestions?? What's the first thing I need to do besides get another attorney to catch up?
generally speaking, many lawyers on the other side will not turn over the "smoking gun" in fact, the things they don't want to turn over might be the most important thing in the case. So unfortunately, a motion to compel discovery is needed to get what you want. This is not legal advice, just general information.
Steve Vondran well let's say motion to compel did not work demand letter also did not work is there ever a situation after all the tries can a plaintiff go to jail or is there a punishment for not cooperating, and how can someone just flat out lie in these legal discoveries, like in admit deny.
Attorney Steve I'm glad to have discovered your UA-cam video.
Regarding this ladies case ( not sure where it is at this time ) 8 months ago after motion to compel time had run out, could she have dismissed this case without prejudice and refiled? If so, at least she would not completely loss out and will have time to find another Attorney.
Respectfully Yours,
Alex H. Pelt Sr
File a complaint with the TX board a of attorneys. The state Board bar associatiob where lawyers get their license could sanction him if your lawyer has done this b4.. or even dis bar them
Steve, do you have any comments or answer for my question I asked?
Hey STEVE!
Do you have anything on EX PARTE TO STAY WRIT OF EXECUTION; EVICTION CCP 918 put together yet!!!
Thanks, I really hope your videos count towards your bar pro bono hours
Lots of eviction proceedings going on in California. Greedy landowners want their current tenants out so they can jack up the rents. It's almost all I hear about on the street lately.
Six years ago in Mexico, a Federal Police big boss responded to me by letter because of a Presidential inquiry I made due to a terrorism/corruption/civil rights case of massive proportions unresolved the U.S. Attorney General that unfortunatly followed me. I brought the letter to a Federal Police Special Agent who decoded it and told me they need documents. When I asked what kind he said EVERYTHING. So much for sitting at the beach of Mexico all day enjoying life as a refugee. EVERYTHING IS THOUSANDS OF PAGES, and 99.7% of them I can`t and never will be able to get at all! Today, I am still on the life sentence to produce classified national security information from the U.S. government to the Mexican government. I ran out of my primary victim witness docs early on. Every now and then I make a FOIA request or extract a case document just to appease. If I ever get the chance to argue UNDULY BURDENSOME, I am definitly going to do that! Thanks Attorney Steve for this great video! Keep them coming!
Do you have an email? I have a specific question to ask you
Stevo stevo stevo
WOO HOOO HOOO!!!
Do I request for production thru a letter to other party lawyer or do I make a motion ??
U want to make a good faith attempt by contacting the opposing counsel with a letter, email ect... I prefer email as proof of attempting to handle the issue in good faith. In that email, u express to the opposing counsel what you are requesting and let them know... u would appreciate the information of documents within 10 days or u will have to file motion requesting production of documents, discoveries, interrogatories. Giving them 10 day notice, let's the court know your trying to handle things like an adult; however, dealing with an attorney.... u better get your study on!
wow....that's a messy lawsuit if all of that is requested...
If one doesn’t request relevant documents then how would you know what happened with the insurance money
use bundlu.com to create your court trial bundle.
Norton anti-virus says that is a very dangerous website and not to open it.
Rule 34. Nice.