Written by attorneys · grounded in primary & secondary sources — see below
The process by which a party supplies documents, electronically stored information, or other tangible materials to an opposing party or to the court in response to a discovery request or subpoena.
Sources & Authorities
How it applies
Common Examples
6
Interrogatory Certification Dispute
Darlene sued Frontier Claims for bad-faith denial of her water-damage claim. Gabriel, counsel for Frontier Claims, certified that all claim-handling notes had been produced after speaking with a claims manager who mentioned an internal chat system. Darlene moved for sanctions, arguing the certification lacked a reasonable inquiry into whether chat messages contained responsive information.
Inadvertent Chat Log Disclosure
During document production in a contract dispute, Prism Analytics inadvertently included privileged strategy memos in a large production set. Prism had used keyword searches and privilege screens but missed the memos because they were stored in an unsynced chat archive. Prism promptly clawed back the documents and sought a protective order under the federal rules.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Conflicted Director Transaction Vote
Pinnacle Holdings board considered selling a subsidiary to a company owned by director Philip Powell. Powell disclosed his interest to the qualified directors, who then deliberated and voted outside his presence. The transaction received the required majority vote of qualified directors and was later challenged as a conflicting-interest transaction.
Client File Security Breach
Attorney Pamela Phillips stored client files on a cloud server without encryption. An unauthorized third party accessed the files containing confidential settlement strategies. Phillips had not implemented basic access controls or encryption despite prior warnings about cloud security risks.
Spousal Communications Subpoena
The government subpoenaed Priscilla Parks to produce letters she wrote to her husband while he was under investigation. The letters contained details of business dealings discussed during the marriage. Priscilla asserted the marital communications privilege and refused production.
Revocation After Seller Assurance
Pablo Perez purchased industrial equipment from Phoenix Technologies after the seller assured him the units met all specifications. Months later Pablo discovered the equipment failed to conform. He revoked acceptance and demanded return of the purchase price, citing the seller's prior assurances that hid the nonconformity.
Common questions
Frequently Asked
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What must an attorney do before certifying that all responsive documents have been produced?+
An attorney must conduct a reasonable inquiry into the client's information systems and known alternative sources of documents. Direct notice of an additional communication channel, such as an internal chat system, requires further investigation before certification.
Supporting sources
When does inadvertent production of privileged material not waive the privilege?+
Inadvertent production does not waive the privilege if the holder took reasonable steps to prevent disclosure, the disclosure was inadvertent, and the holder promptly took reasonable steps to rectify the error.
Supporting sources
Does a director's disclosure of a conflicting interest alone validate the transaction?+
No. The transaction must also receive the affirmative vote of a majority of qualified directors who deliberate and vote outside the conflicted director's presence.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…if one claimed title to land under a patent from the United States and the Secretary refused a copy, a mandamus could compel production; to obtain a mandamus one must show the patent is recorded and clerks can be called to prove that fact. Similarly, if a private act of Congress had passed for one's benefit and a copy was…