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The party RESPONDING to a discovery request (i.e.: the one being required to surrender the documents) would be required to supply original copies (unless permission was granted by the court to do otherwise).
Another View:
Generally, persons responding to requests for discovery need only provide true copies of originals, which the responding party will certify are true copies. The request for discovery will either ask for a true copy or request that the original be made available for inspection and copying, usually at the responding attorney's office.
For practice in the federal courts, see Federal Rules of Civil Procedure 26(a)(A)(ii) for initial discovery, Rule 30(f)(1) for documents produced for a deposition and Rule 34 for producing documents. For practice in state courts see the respective state court rules of civil procedure. Most have similar provisions since most are modeled after the Federal Rules.
There are several reasons for this procedure.
One is that discovery is intended to apprise a party of the evidence the other party intends to use at trial. A party turning over a copy will sign a certification that the documents are true copies of the original. A true copy is sufficient for this purpose. If a party serves something other than a true copy, that party will be barred from using the original at trial and will expose himself to a charge of contempt of court or perjury for making a false certification.
Another is that the requesting party always has the right to inspect and copy the original or inspect the original and verify that the true copy produced in discovery is actually a true copy. Thus the requesting party is assured of learning what the document states.
Further, when there are multiple plaintiffs or multiple defendants, or both, it is logically impossible for all opposing parties to get the original, since there is only one original. If all of the multiple parties serve requests for production of documents at the same time, which one gets the original? If one of several opposing parties served his request first and now has the original and the responding party is served with another notice to produce, what does he do?
Lastly, no litigant would ever be required to turn over his original evidence to the opposing side. This would present the problem of destruction, loss or tampering with one party's evidence by the opposing party. It would also break the chain of custody of the document, which, if necessary for its introduction at trial, could preclude the responding party from using his own evidence.
As long as there are methods by which an requesting party may verify the accuracy of a copy of a document produced in discovery and as long as the requesting party has the remedy of moving for an order to bar the original, the requesting party does not need the original during the discovery phase of the litigation.
What else can I help you with?
How do you do a motion to compell?
Any "motion" is a request to a court to take some action. Motions to compel occur in the "discovery" phase of a civil case when the parties are allowed to learn about each others positions. Discovery, in general, is intended to facilitate a trial on the facts, rather than by ambush. Discovery in a civil or criminal case is governed by rules of procedure. Among the parameters of the rules is the amount of time within which the non-propounding party has to respond to the discovery request(s) of the propounding party. The discovery can be in the form of interrogatories (written questions), or a request for production of documents. While there are other forms of discovery, these two best illustrate the function of a motion to compel. In short, if the discovery is not provided within the requisite amount of time, or objections to the discovery not timely served within that time, the proponent of the discovery may file a motion to compel. This is a request to the court to require the recipient of the discovery to furnish it to the proponent. An order compelling the discovery generally results from the motion, which gives the party to whom the discovery was sent some additional, usually shorter, amount of time to comply. If there is no compliance with the order, further sanctions can ensue if requested.
What does request for discovery mean?
In law, discovery refers to the right of each party to see the evidence that the other party(s) intend to introduce at trial.
Does a party who serves discovery REQUESTS keep the original?
A motion for discovery is made to the court. The copies of which are served to the other party and the court. The original can be given to the court or kept by the defendant.
How do you respond to a motion to compel in a custody case?
If you are involved in a lawsuit the opposing side is allowed to receive certain documents from you as part of the discovery process. The documents were probably already asked for in a Request for Production. A motion to compel is a motion to the court, which if granted will force you to produce the documents to the opposing counsel, which were asked for in the Request for Production.AnswerA motion to compel may also apply to other forms of discovery, such as a motion to compel responses to interrogatories (written questions), a motion to compel attendance at a deposition, etc. With regard to documents, state discovery laws may require the opponent receiving a document request to provide a "response" to your request for the production of documents. This "response" is to be distinguished from the actual production of the documents. You may have to bring a motion to compel a response if your request receives no response. If you receive some response but think it evasive, you might bring a motion to compel a further response. If you get a response, but the party refuses to produce documents it should produce in accordance with the response, your motion to compel is a motion to compel production.If the court grants the motion to compel, and the party to whom/which the order is directed remains evasive or non-compliant, the other party may file a second motion to compel or a motion for sanctions. Depending upon the degree of noncompliance (or perhaps the attitude of the non-movant or the judge), the court has the power, within reason, to impose one or more categories of sanctions. These can range from yet another order compelling compliance (usually requiring compliance within a shorter time than the first order allowed), to attorney's fees, to deeming, for evidentiary purposes, that the material that would have been produced or stated in answers to interrogatories, was prejudicial to the non-compliant party. There is a great deal of discretion that is usually allowed the trial court judge in determining sanctions, but the sanctions must be commensurate to the violation.
What is the pre-trial procedure by which one party gains information held by the other party?
The pre-trial procedure by which one party gains information held by the other party is called discovery. This process allows parties to request documents, ask questions, and gather evidence from each other to prepare for trial. Discovery helps ensure a fair and efficient resolution of the case.
What does a motion to compel mean and how is it used in legal proceedings?
A motion to compel is a request made to a court to force the opposing party to comply with a discovery request or court order. It is used in legal proceedings when one party believes the other party is not providing the necessary information or documents required for the case.
WHEN LAWYERS HAVE AN OPPORTUNITY TO CHECK FACTS AND GATHER EVIDENCE BY QUESTIONING THE OTHER PARTY AND POSSIBLE WITNESSES IN A CASE THIS IS KNOWN AS?
This would be the discovery process. They can interview witnesses and request documents from the other party.
What is the process for conducting third party discovery in a legal case?
Third party discovery in a legal case involves obtaining information from individuals or entities not directly involved in the lawsuit. The process typically includes serving a subpoena on the third party, requesting relevant documents or testimony. The third party may then respond to the subpoena by providing the requested information or objecting to the request. The information obtained through third party discovery can be used as evidence in the legal case.
What is a motion to abate discovery in aid of execution?
A motion to abate discovery in aid of execution is a legal request to temporarily suspend or halt the discovery process associated with enforcing a judgment. This motion is typically filed by a party who believes that the ongoing discovery is burdensome, irrelevant, or unnecessary for the execution of the judgment. The court may grant this motion if it finds sufficient justification, allowing the party to focus on the enforcement of the judgment without the complications of further discovery.
What is motion for additional discovery?
A motion for additional discovery is a request to the court for more than the standard amount of discovery under that court's rules of procedure. Typically, in order to avoid expense and consumption of time, court rules limit the amount of discovery one party may take and the amount of time within which to do it. An example is a witness or party is normally deposed only once. Only one set of Interrogatories are served on a party. If discovery reveals unforeseen but relevant facts that have not been covered by deposition and interrogatories already served, a party make make a motion for an order to be allowed additional discovery to look into those facts
What is motion for discovery?
A motion is a request to the court to enter a particular order. A motion for discovery is a request to the court to order the opposing party to produce discovery materials. Discovery materials differ depending on whether the pending matter is a civil or criminal case. Discovery is generally intended to allow parties to know what to expect at trial. Knowing the other side's case encourages pretrial resolution and facilitates the presentation of evidence at trial. The local state or the federal Rules of Civil Procedure govern what material is discoverable in a civil case and how it can be discovered. In general, discoverable material in civil cases is any material that might lead to evidence that would be admissible in court. In criminal cases, discovery is governed by the Rules as well as by caselaw. A criminal defendant is entitled as a constitutional right to discover anything the prosecution has that tends to show the defendant did not commit the offense charged, even if the prosecution does not believe the evidence. Many state and federal courts have open file discovery, which means that defense counsel can see the prosecution's file. Giving copies to the client-defendant, however, can be limited or even forbidden. (See e.g., local rules of the Federal District Courts in the Western District of North Carolina.) Contrary to the original posting here, Grand Jury material is generally not discoverable. Grand Jury proceedings are sealed and confidential except in very rare circumstances.
What does a motion for discovery look like?
A motion for discovery typically includes a formal written request to the court asking for access to specific evidence or information relevant to the case. It outlines the reasons for the request and the specific items being sought, such as documents, witness statements, or other evidence. The motion is usually filed with the court and served on the opposing party.
