v30 – What is a Request for Production?
Video Script Below
“I’m Steve Kramer. I’m a Florida attorney and today we’re going to talk about requests for production. What is a request for production? Now anytime you find yourself in a lawsuit, you have the right to discover the evidence against you. This is not a poker match where the cards are held like this. In a lawsuit, the cards come out on the table and each side gets to take a look at the evidence. And in a request for a production, you are asking the other side or they are asking you to review and inspect documents. And what that means is that you have an opportunity to review the evidence or an opportunity to obtain copies of the evidence. Now in a family case or a divorce, this might be documents like a tax return which might show your husband or wife’s income. And that can become important to determining child support. Or in a foreclosure, documents we might be looking at might be the mortgage or the payment history or the promissory note that you signed, which is the promise to pay.
These documents can be very, very important in these types of cases and in all cases. It’s very important to know what you’re going to be dealing with if you’re going to trial. It’s very important to know the strength of the other party’s case. And for that reason, these requests to produce are essential anytime you’re dealing with a lawsuit. Now if the other side doesn’t comply with the request to produce, that can be a huge advantage for you because you can seek sanctions against them. And if they’re filing a lawsuit against you, if they’re seeking to obtain your house or if they’re seeking to obtain a judgment for money against you where they pay them, if one of those scenarios is what you’re dealing with they’re entire case can be dismissed if they don’t comply or they can be forced to pay you attorneys fees. Or in a foreclosure when most people are trying to avoid losing their home, failing to turn over these documents can prevent them from getting the foreclosure.
They can’t get what’s called a summary judgment which is a lot of times in a foreclosure where the case is decided. So it’s very important to use request to produce to protect your rights, to discover evidence against you, and to make sure that the other side is complying and honoring the rules of the court. And if they’re not, to seek sanctions against them. Now I deal with these issues all the time. So if you have any questions about request to produce or discovery or anything about any lawsuit you’re dealing with, I’d be glad to talk with you. I’m Steve Kramer, thanks for watching.”
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