When you own or operate a Florida business, there is always a possibility that you or your enterprise could be sued. This is because the majority of businesses will be served with a lawsuit at some point during their existence. If this happens, you will most likely be served with discovery. Often, requests for production will be part of that process. If you are unfamiliar with this type of discovery, you may be wondering: What is a request for production, and why does it matter?
Discovery refers to the various means by which another party to a lawsuit can ask the opposing side for information. Florida business litigation discovery can include conducting depositions, serving the other side with interrogatories, issuing subpoenas, and making requests for production.
A request for production is a formal request from one party for the other to gather and provide certain documents. The requesting party will make their request according to the subject of the litigation. In other words, the process does not provide the requesting party with the right to obtain documents that are not relevant to the litigation. However, some requests for production will be phrased to ask for more than the requesting party needs. This type of production request is ordinarily objected to as overly broad or irrelevant. There are also other objections that can be made to discovery. For instance, a requesting party cannot have documents that are subject to attorney-client privilege. If such a request were made, the served party’s attorney would need to assert their objection on this basis.
Requests for production are made so that the requesting party can obtain documents that are solely within the other party’s possession to evaluate and prove their case. Depending on the issues, these requests can be voluminous and may include documents such as operations manuals, internal emails, policies, business records, and other important information.
Often, the producing party will have several objections they can assert in response to the request for specific documents. If you or your business have been sued and served with a request for production, it’s crucial that your work with an experienced business attorney as you formulate your objections and prepare your responsive documents. If you produce documents without objecting or asserting privilege, it may be possible for the other party to use them against you during the lawsuit. Therefore, you will also need the assistance of counsel as you prepare your own requests for production.
Requests for production are often central to a business litigation case. These documentary requests are usually made in conjunction with other discovery. Your Florida business attorney can help you evaluate your case and determine how to respond to all discovery requests and what types of discovery you may need to serve on the other party to support your case.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.