Also known as:produces · produced · producing · proffer · tender
Written by attorneys · grounded in primary & secondary sources — see below
An act of supplying or bringing forth materials, documents, or performance as required by law or agreement. The requirement arises when a party must make items available for inspection, authentication, or compliance with a court order or agreement.
Sources & Authorities· 33 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Discovery Document Return Demand
Prime Logistics produced thousands of emails during discovery in a contract dispute. After review, the recipient notified Prime Logistics that several messages were privileged. Prime Logistics demanded their immediate return and sequestration. The receiving party complied by isolating the files and refraining from further use pending resolution.
Separation Agreement Review
Patrick Phan and Phoebe Park submitted a separation agreement in their dissolution proceeding. The court examined the economic circumstances and other evidence the parties produced. Finding no unconscionability, the court treated the property division terms as binding.
Pacific Bank challenged a state law imposing duties on imported goods. The state defended by pointing to the net produce of those duties flowing to the federal treasury. The court examined whether the statute complied with the constitutional restriction on state imposts.
Email Authentication Attempt
Parker Phillips offered an email chain in a contract action. To meet the authentication requirement, he produced testimony from the sender confirming the messages originated from the claimed account. The court admitted the emails after finding the evidence sufficient to support the proponent's claim.
Merger Plan Shareholder Vote
Precision Tools board adopted a merger plan with Progressive Healthcare. The board submitted the plan to shareholders for approval and recommended they approve it. Shareholders then produced the required votes to authorize the transaction.
Tort Causation Factor Analysis
Pilar Pena sued after a warehouse fire damaged her inventory. The court considered the number of other factors that contributed in producing the harm, including an unrelated electrical fault. The analysis helped determine whether the defendant's conduct was a substantial factor.
Common questions
Frequently Asked
3
When must a party return documents claimed as privileged after production?+
After notification of the privilege claim, the receiving party must promptly return, sequester, or destroy the information and refrain from using it until the claim is resolved.
Supporting sources
What must a proponent show to authenticate an item of evidence?+
The proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Supporting sources
Under what circumstances is a separation agreement binding on the court?+
The terms are binding unless the court finds the agreement unconscionable after considering the parties' economic circumstances and other relevant evidence produced by the parties.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…to produce that result, and shall be fined not less than one hundred nor more than one thousand dollars. "Art. 1194. Murder in producing abortion "If the death of the mother is occasioned by an abortion so produced or by an attempt to effect the same it is murder." "Art. 1196. By medical advice "Nothing in this chapter…