Also known as: documents · documentum · doc
Written by attorneys · grounded in primary & secondary sources — see below
A written, printed, or electronic record containing information or data that can be stored, retrieved, or used as evidence or for legal purposes. The item may take any medium from which information can be obtained directly or after translation into usable form.
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Dominic Drake serves a request on Delta Dynamics seeking production of internal memos and data compilations about a disputed contract. Delta Dynamics must locate the items in its files and make them available for inspection in a form the requesting party can use. Failure to produce the designated items exposes the company to sanctions.
Judge Diane Dawson reviews a trust instrument for her adult child but declines to appear in court on the child's behalf. She may prepare the document without compensation yet cannot serve as the child's lawyer in any proceeding. The distinction preserves judicial neutrality.
Dustin Donovan advises a client to delete emails that might show knowledge of a safety defect. The lawyer's assistance in concealing the records violates the prohibition on altering or destroying material with potential evidentiary value. Disciplinary proceedings follow.
Dominion Capital's in-house counsel interviews a mid-level engineer at the direction of the general counsel to gather facts for anticipated litigation. The resulting notes qualify for protection even though the engineer is not part of senior management. Opposing counsel must show substantial need to overcome the protection.
Daniel Diaz and Danielle Dixon sign a single writing that reallocates ownership of their investment accounts. The document requires no additional consideration to become binding between the spouses. Either party may later enforce its terms in a dissolution proceeding.
Demetrius Douglas and Dixon Foods execute the deed, closing statement, and title insurance commitment at the title company's office. The lawyer reviews each instrument to confirm that liens are released and title passes correctly. Execution by the record owner satisfies the authority requirement.
Any designated writings, drawings, graphs, charts, photographs, sound recordings, images, or data compilations stored in any medium count as documents. The responding party must translate the information into a reasonably usable form if necessary. Tangible things are covered by a separate provision.
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A judge may draft or review documents for a family member without compensation but may not serve as that person's lawyer in any forum. The judge may also act pro se in personal matters. Using the prestige of office to advance family interests remains prohibited.
…A valuable source of information about present police practices, however, may be found in various police manuals and texts which document procedures employed with success in the past, and which recommend various other effective tactics.[^maj-8] These texts are used by law enforcement agencies themselves as guides.[^maj-9] It…
…of the rule which it introduced.[^maj-4] But it was the more recent research of a competent scholar, who examined the original document, which established that the construction given to it by the Court was erroneous; and that the purpose of the section was merely to make certain that, in all matters except those in which…
…have used some such broader term if they had meant the Public Use Clause to have a similarly sweeping scope. Other founding-era documents made the contrast between these two usages still more explicit. See Sales, Classical Republicanism and the Fifth Amendment's "Public Use" Requirement, 49 Duke L. J. 339, 367-368 (1999)…
…disclaimer of warranty is clear in its terms, we cannot overlook the fact that it is to be found in a long and formidable document prepared by the seller and that it was doubtless unnoticed or its import uncomprehended by the buyer. Anyone brought up to believe that for every wrong there is a remedy will pause before…
…stating that she appeared "specially and for no other purpose than to file this plea to the jurisdiction of the court." In that document she alleged that neither she nor petitioner had been a resident of Virginia for a year before commencement of the suit; and asserted that he was not then a bona fide resident there, but…
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A lawyer may not unlawfully obstruct access to evidence or alter, destroy, or conceal a document or other material having potential evidentiary value. Counseling or assisting another person to commit such acts is likewise forbidden. The prohibition applies even when the document is not yet the subject of a formal request.
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Communications from any corporate employee to counsel at the direction of superiors for the purpose of obtaining legal advice are protected. The privilege is not limited to the control group of senior executives. Work-product protection may also apply to materials prepared in anticipation of litigation.
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The agreement must be a document signed by both spouses. No consideration is required for enforceability between the parties. The writing may address classification and management of property but cannot adversely affect a child's right to support.
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Closing documents typically include the deed, closing statement, title insurance commitment or opinion, payoff statements, affidavits, and transfer tax forms. Lawyers and title agents oversee drafting and review to ensure the deed conveys clear title and liens are addressed. Execution must be by a person with authority to convey the property.
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