Request For Production

Question: What constitutes a Request for Production under Federal law? What constitutes a reqeust for production under Federal law, specifically Rule 34? Is an employment authorization considered a request for production....especially where you don't have the records in your possession?

Answer: Rule 34 states: "Any party may serve on any other party a request to produce... documents....which are in the possession, custody or control of the party upon whom the request is served." You have 30 days to respond. Therefore, you file "Answer to Request for Production" and state: "None of the documents requested by __________are in my possession, custody or control." That's it, but you must answer the Request.

Question: In legal language, what is "a request for production."? This has to do with a law suit that I have been following. The request for production was filed by the defendant. The plaintiff later filed a "joint stipulation for dismissal with prejeduce." What does this mean? The case was then dismissed. Does this mean that there was an agreed-upon settlement in the case? The plaintiff had sued for several hundred thousand dollars.

Answer: A request for production is used as a discovery device. It is used to obtain documents or other tangible evidence from an opposing party that they will use at trial or could be used at trial. A joint stipulation for dismissal with prejudice means that both parties have agreed to dismiss the lawsuit. "With prejudice" means that the parties cannot refile the claims against each other in the future. So, yes, it is likely that the parties reached some type of settlement.

Question: Is there a difference between a Request to Produce and a Request for Production?

Answer: Same thing.

Question: What is request for production? Debt collector got a summary judgment against me. There are two requests: request for admission and request for production. Could someone explain these in layman terms? And how long do i have to respond? I was going to appeal the summary judgment. I thought I had 3 months. This is in Florida. Thanks.

Answer: never admit to anything.

Question: I need an "art production request form" in Word? to use for publishing / art department to clients

Answer: Maybe one of Microsoft's templates could be modified to what you need. http://office.microsoft.com/en-us/templa…

Question: Need law help...I've received a "Request for Production to Respondent" to provide documents. Do I HAVE to? I have no legal counsel (yes, I've tried every avenue and no I can't get any free help). X's lawyer wants me to provide his lawyer with all documents I'm going to use in court. It is not a subpoena but a "Request for Production to Respondent". Do I HAVE to provide these before the court date, and if I do not, will they be admissable? Thanks.

Answer: Laws vary from state to state but yes, you do have to respond in writing by a deadline. If you are not sure contact the court that this case is in and ask a clerk in the civil division. In some states you can be held in contempt of court if you do not respond. Even if you are not represented my counsel you need to take these matters very seriously.

Question: On what grounds can you deny a Request for Production based on priveledge or harassment? Ex denied court ordered visitation until father came back & videotaped attempted exchange forcing her to allow the child to go or be taped violating order. Mother is now filing Motion for Contempt claiming father caused the 12 yo child "trauma" by videotaping her & wants an order prohibiting him from videotaping in the future. Ex filed a request for production of the videotape which was filmed by another individual from a public street. Husband plans to use tape as evidence that ex's inappropriate discussions with the child prior to his arrival (which prompted the child to refuse to go) upset the child, not the videotaping. Father & child had a discussion on tape, that the ex was not close enough to hear, which supports the husbands case & disproves her false claims. Ex plays "perfect" on paper & tape, but lies to the child, harasses the father & causes indescribable problems (both over the phone & in person). Ex's Motion for Contempt contained other NUMEROUS false claims & was filed simply for harassment & intimidation as she offered to "drop it" if he agreed to unreasonable demands. Can father object to turning over the tape for any legal reason? Father would prefer for her to confronted with the evidence against her in court & not have an opportunity to make up a good story in advance. Father feels this is the only way the court may be able to see the games the ex is playing with the child and evidence of her harassment of the father.

Answer: Anything used in evidence is subject to discovery by the other party. That's the law.

Question: Do I have to certify the letter "Request for Mandatory Disclosure and production" to the defendant? ? I am sending this letter to defendant on my own (I dont have attorney), asking for disclosing all his/hr financial assets. Do i have to get it certified by someone if yes by whom? Can i send it without certification. Will it still be valid. An expert view is appreciated.

Answer: have a process server serve it upon the defendant. but it depends upon the state you are in. I am assuming this is an interrogatory?

Question: notice of filing interrogatories and requests for production.? I received letter. I think it is related to acciden i had in 2006. What is that letter for? What am i suppoesed to do next?

Answer: Get a lawyer is what you have to do. Didn't you have insurance when you had and accident in 2006? If you did, take them the documents. They have to provide you with a defense.

Question: How can I format a word document so that headings automatically manage numbering? I have a document where it is: REQUEST FOR PRODUCTION NO. 1: All documents and things... REQUEST FOR PRODUCTION NO. 2: All documents and things... How can I format word that if I delete #2, #3 changes to #2 automatically? I am not using list format for this because I need the number at the end. Thanks so much! This is not for page numbering, which I know how to do. This is for headings within the document.

Answer: You should be able to do this with an MS Word SEQ field. Try this (with Word XP (2002) and the adjacent versions. Word Vista (2007) should have something similar): 1. Click where you want the sequence number to go. 2. Click the Insert->Field menu item. 3. Scroll down to and select Seq 4. Click the Field Codes button. 5. Click the Field Specific Switches tab. 6. In the Field Codes text box, add an identifier to the SEQ that appears there. Make sure to leave a blank between them. 7. Select the /r from the Switches list box and click the Add to Field button. 8. After the /r, enter a blank and the first number you want to use in the sequence. 9. Click OK. 10. Click OK again. Go to everyplace else you want the sequence number to appear and do this: 1. Click where you want the sequence number to go. 2. Click the Insert->Field menu item. 3. Scroll down to and select Seq 4. Click the Field Codes button. 5. In the Field Codes text box, add a blank followed by the identifier you added to the first SEQ field, above. 6. Click OK. The next number should now appear there. Hope that helps.

Question: What does the term "against the request" mean? Here is a sample I got from my college's transcript office: "Request No. 2 will be processed on 29/08/10 provided payment has been made for it and is registered against the request prior to the production date." Thanks.

Answer: Your payment for Request No. 2 must have been made and recorded as being for Request No. 2 before the production date. They made that unnecessarily difficult, didn't they? I think this is accurate but, of course, all I know is what you wrote. Check this against the other information they gave you to ensure it makes sense. If it doesn't appear to, re-post your question with additional information.

Question: I have been sued. I have been served with a "Citation" attached to the "Plaintiff's Original Petition Request"? I have been sued. I am not at fault in this case, so I don't plan on spending a dime on an atty. if I can halp it. I was served (by hand) with a Citation attahced to a copy of the Plaintiff's Original Petition Request fri Disclosure Request for Admissions Request for Production and Interrogatories" (whew). It say that if I do not file a written answer with the District Clerk within 20 days of reciept, a default judgement may be taken against me, however, in the Petition itself, both the Admissions to Defendent and Interrogatories to Defendent say that I have 50 days to answer. So...the question is: What type of written answer foes the Court want ?

Answer: Get an attorney. Whether you are at fault or not makes absolutely no difference. It will cost you more in the long run to represent yourself.

Question: How much time do I have to resond to a motion for summary judgement? I filed two previous motions -one to exclude evidence and one to compel requests for production. There has been no ruling by the judge. The key issue being that I wanted to exclude prejudicial documents from the defendant's motion for summary judgement but they included them anyway-without a ruling from the judge. Do I respond to the motion or wait for the ruling ?

Answer: You still respond to the MSJ. To prevail, the defendant has to convince the judge that, even if EVERYTHING you claim was true, you would still have no case. The time to object to the defendants documents as prejudicial, or to compel production, is when/if the case goes to trial. Remember, the MSJ requires him to convince the judge that you have NO CASE - not that he has a defense to your case. Richard

Question: Notice of Voluntary Dismissal of Lawsuit involving Debt Collection? Law firm filed case against me for debt collection - I filed an answer to their complaint. Then law firm requested Admission of Facts, Request for Production of Documents and Notice to Produce to Defendant, Plaintiff's 1st Interrogatories to Defendant and then the following day I received a NOTICE OF VOLUNTARY DISMISSAL. I am not a lawyer but would like to know if I am required to do anything else now that the case is dismissed. Thank you for your help.

Answer: This simply means that you will sign an agreement with the plaintiff to dismiss or the Judge in the case rules to dismiss. You may have to return to court for the dismissal. If you are not sure then perhaps you do not know you can go to your local County Attorney and get this information free.

Question: I would like to know if anybody could give me law or legal information on discovery in Maryland.? I am representing myself in court and I wish to file a request for production of documents to the other party. I know there is a time limit, but unsure as to the limit. I know that the other party will get the request and must respond but my question is WHAT IS THE TIME LIMIT?? For example, the other party filed a motion requesting new info. for the court to consider, I wish to file a motion to request the production of these documents. How many days do I have to file this request? It would be greatly appreciated if anybody answering can provide a LEGAL source.

Answer: There is no specific time limit but if you wait for too long, (30 days is appropriate) then you will have to deal with this at trial. Maryland Rule 2-402 Scope of Discovery Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (a) Generally.- A party may obtain discovery regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant to the subject matter involved in the action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party. It is not ground for objection that the information sought is already known to or otherwise obtainable by the party seeking discovery or that the information will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. An interrogatory or deposition question otherwise proper is not objectionable merely because the response involves an opinion or contention that relates to fact or the application of law to fact. (b) Alterations.- In a particular case, the court, on motion or on its own initiative and after consultation with the parties, by order may limit or alter the limits in these rules on the length and number of depositions, the number of interrogatories, the number of requests for production of documents, and the number of requests for admissions. The court shall limit the frequency or extent of use of the discovery methods otherwise permitted under these rules if it determines that (1) the discovery sought is unreasonably cumulative or duplicative or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (3) the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the complexity of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues. (c) Insurance agreement.- A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business might be liable to satisfy part or all of a judgment that might be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this section, an application for insurance shall not be treated as part of an insurance agreement. (d) Trial preparation - Materials.- Subject to the provisions of sections (e) and (f) of this Rule, a party may obtain discovery of documents or other tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including an attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the materials are discoverable under section (a) of this Rule and that the party seeking discovery has substantial need for the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of these materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. (e) Trial preparation - Party's or witness' own statement.- A party may obtain a statement concerning the action or its subject matter previously made by that party without the showing required under section (d) of this Rule. A person who is not a party may obtain, or may authorize in writing a party to obtain, a statement concerning the action or its subject matter previously made by that person without the showing required under section (d) of this Rule. For purposes of this section, a statement previously made is (1) a written statement signed or otherwise adopted or approved by the person making it, or (2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, that is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. SORRY TARA: But it is not clear as to what this 'new information' is or whether it conforms to discovery under the present case. If it is evidentiary in nature, then it is not ex-parte. Also, discovery is not to be used for evidentiary motions which are to be presented to the other party. And since we don't know in what stage the proceedings are the production of a discovery order is not relevant. Furthermore, in Maryland, since we don't know if this is a civil or criminal matter, the following might apply. A trial court has inherent discretionary power to compel disclosure of information in control of the State. See McKenzie v. State, 236 Md. 597, 602-03 (1964) (no abuse of discretion to deny request for disclosure at trial of written statements of prosecution witnesses, where no showing statements in fact existed or were material to case). Also, if this IS a criminal matter, there is only a duty to disclose evidence known to be favorable to the defendant that is material to guilt/innocence or to punishment

Question: CAN THE PLAINTIFF STILL REQUESTS AFTER HIS DEPOSITION FOR PRODUCTION OF DOCUMENTS?

Answer: The plaintiff can request production of documents until discovery has been completed...before, during, after the deposition.

Question: The procedure to obtain raw materials from inventry to production department? can someone please tell the the procedure how to make a request to the inventory asking for raw materials? i need to know the steps. please help!

Answer: There's as many ways as there is companies. They all have their own procedures, but basically these are the steps. 1. Raise a requisition on the raw materials store for the required production materials. 2. This requisition is then acted upon to remove the material from the raw materials store and deliver it to the production dept. 3. The removed materials are then deleted from the raw materials inventory records and added to the production dept records.

Question: How would I contact Bob Seger to request permission to adapt "Turn the Page" as a stage production? For my school's annual One-Act festival, I'm writing/producing a stage adaptation of the song "Turn the Page" by Bob Seger. I have taken a special interest in this song, but I would first like to propose my idea directly to Mr. Seger. I am seeking permission to adapt the song and use it in the production, as well as seeking Mr. Seger's interpretation of his work so that my production may more accurately portray the true meaning behind the song. Unfortunately, I have no connections to anyone in the industry that can put me in contact with either Mr. Seger, or an agent of his, so I turn to you all for a bit of direction. Are there any agencies that I can contact, or is there a way to contact either Mr. Seger, or an agent, electronically? I live in Washington State, near the Tacoma area. I would greatly appreciate any advice people may have.

Answer: I would contact Bob Seger through his Agency as follows... Bob Seger c/o Creative Artists Agency 2000 Avenue of the Stars Los Angeles, CA 90067 Tel: (424) 288-2000 Fax: (424) 288-2900 http://www.bobseger.com/ http://www.caa.com/

Question: What is the easiest and cheapest way to get tooling or moulds made for a short run production? Our concept design for a new cap closure is nearly finished and we will soon have a few functioning prototypes shortly. However before we go into mass production we feel it will be best to pilot or market test our products to a group of people, our friends and also potential clients. In order to do this I have been told it may be possible to go to a plastic injection firm and request a short run production..lets say 1000 - 5000 samples However tooling may be needed..... soft tooling or hard steel tooling.. We are UK based and i have also been advised of not considering China as it is not exactly on our door step if something goes wrong.. Please advise:) good point..i think i need to rephrase my question... i have been told nowadays that any form of tooling or moulds can be built but the costs can raise from 1000 up to 100 000...... cheapest - by this i mean cost effective...it is only for samples etc not for mass production so this for example could be a soft tool, like aluminium, easiest - i mean by this, maybe there could be a a method I am not aware of.....a simple solution....

Answer: In the past I have used a company called quickparts (www.quickparts.com) to make SLA/SLS samples and short run prototypes where speed was more important than cost. They are rather expensive, however they also do very good work and have excellent turnaround times. So it's all a matter of balance and budget. The model shops in China are typically not very good (there are exceptions though). There are also numerous other quick turnaround shops available online, however of the few that I have used, quickparts is the one I have returned to and honestly I can't even remember the names of the others. EDIT: I almost forgot, I've also used www.protomold.com and had success with them as well, you can compare their costs and leadtimes to at least give you another option.

Question: I have questions regarding some legal forms that were requested from my wifes ex in a child support case? My question involves child support in the State of: California My wife has a court hearing next month to establish a child support order. Today we received a few California forms that we are not sure if she is legally obligated to complete. We received form fl-142, schedule of assets and debts, form fl-145 interrogatories, fl-150 income and expense and fl-396 Request for production of an income and expense declaration after judgment. These forms were requested directly by her ex-husband and are requested to be delivered back to him directly. We are located in Texas and he is in California. We are pursuing child support and he is fighting it every step of the way. Do we have to provide these forms to him? We have already provided all forms that were requested by the child support agency. Some of these forms are asking detailed information about assets and banking account numbers etc. that are really none of his business. In addition we have already provided income and expense information to the court so is there any reason we would have to provide that information to him? Landlord - The income and expense info has already been provided to the court previously, this request received today was requested directly from my wifes ex, not the courts.

Answer: Yes, everytime a child support case is reviewed in CA those things have to be presented. You do not have to provide account numbers, just income, expense and assets. The court needs to have this information for both parents to determine the child support amount. If you wife does not supply this information the judge will put a figure in there, pretty much whatever the other party believes to be the case.