Also known as: possession custody or control · possession, custody and control · PCC · custody or control
Written by attorneys · grounded in primary & secondary sources — see below
A standard used in discovery rules to determine the scope of a party's obligation to produce documents, electronically stored information, or tangible things. The phrase reaches materials a party has the right, authority, or practical ability to obtain from agents or third parties even without physical possession or legal title.
GreenFlow Waste Services attorney signed initial disclosures stating all water sampling results had been produced. An environmental consultant retained by GreenFlow still held draft reports and raw data. The consultant's materials fell within GreenFlow's possession, custody, or control because the company had the practical ability to obtain them through its agency relationship.
Premier Manufacturing received a subpoena directing production of documents at a specified time and place. The records were held by a foreign subsidiary but Premier had the contractual right to demand them. The documents were therefore in Premier's possession, custody, or control and subject to production under the subpoena.
Select any source to read its text and confirm it supports the definition.
Toyota's lawyer received a study prepared for the company during prior litigation. Painter served a Rule 34 request for all documents related to the product's design. The study remained in Toyota's possession, custody, or control because its lawyer acted as an agent and Toyota retained authority over the document.
The Independent Counsel served Hubbell with a subpoena duces tecum for eleven categories of documents. Hubbell initially refused to state whether responsive items existed in his possession, custody, or control. After receiving immunity, he produced over thirteen thousand pages and confirmed they comprised all documents within his custody or control.
The excess insurers objected to personal jurisdiction in the Western District of Pennsylvania. The plaintiff served discovery requests for insurance policies issued during a five-year period. The policies were deemed within the insurers' possession, custody, or control because the companies had the practical ability to retrieve and produce them.
The Special Prosecutor issued a subpoena duces tecum to President Nixon for tapes and memoranda of specified meetings. The President publicly released edited transcripts of some conversations. The remaining tapes remained in the President's possession, custody, or control and were subject to the subpoena's command for production.
No. The standard reaches materials a party has the right, authority, or practical ability to obtain from nonparties or agents. Rule 34 and related provisions make clear that legal ownership or actual physical possession is not required.
Supporting sources
Documents held by a lawyer or consultant remain within the party's possession, custody, or control. Agents must follow the principal's instructions, and the party retains authority to direct the disposition of entrusted materials.
Supporting sources
The signing attorney must certify after reasonable inquiry that the disclosure is complete and correct as to materials within the party's possession, custody, or control. Failure to investigate known sources held by agents can violate the certification requirement.
Supporting sources
Yes when the company has practical ability to obtain the materials through its relationship with the employees. Reimbursement of expenses and tacit acceptance of business use on personal phones can establish the requisite control.
Supporting sources
…the motion to quash and the motions to expunge and for protective orders, and ordered the President or any subordinate with custody or control of the subpoenaed material to deliver to the District Court, by May 31, 1974, the originals of all subpoenaed items, together with an index and analysis of the items and tape copies of…