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The process of delivering, or making available for review, documents produced during litigation or in response to a request for documents from a regulatory or other body. Discoverable documents in litigation may include both paper (hard copy) documents and electronically stored information (ESI).
A request for production occurs when one party asks another to procure ESI or physical evidence. For example, this may include emails, photographs, text messages, charts, or graphs. On the other hand, physical evidence may encompass items like paper and gifted objects.
2. Interrogatories (Rule 33, SCRCP) in South Carolina. Under Rule 33, interrogatories are written questions you can send to the other side, which they must respond to under oath. There are eight standard interrogatories that you can ask in every case.
Generally, a request for production asks the responding party to make available the original documents, but a requesting party may permit photocopies of the requested documents be sent instead, if inspection of the original document is not necessary.
Requests for Production or Demands for Inspection require you to produce documents for copying or in some cases actual items for inspection. Responding to the request has 2 parts: State if you can comply with the request (all of it or some of it) or give the reason why you can't comply.
Definition: A written list of documents, electronic files, and audio and video recordings or physical things, submitted to a party from his or her adversary to inspect and copy the requested items and that have relevance to the issues in a lawsuit.
Rule 45, South Carolina Rules of Civil Procedure, Parts (c) and (d): (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.
A notice to produce documents is different from a subpoena. The former is a request for information, while the latter is a court order to provide testimony.