Does a party responding to a document request have an obligation to produce a document in the possession of a non-party entity?
MultiRegion, United States of America
The following excerpt is from Perez v. United States, Case No.: 13cv1417-WQH-BGS (S.D. Cal. 2016):
A party responding to a document request has an "affirmative duty to seek that information reasonably available to him from his employees, agents, or others subject to his control." Rogers v. Giurbino, 288 F.R.D. 469, 485 (S.D. Cal. 2012) citing Meeks v. Parsons, 2009 WL 3003718 *4 (E.D. Cal. Sept. 18, 2009). A party may be ordered to produce a document in the possession of a non-party entity if that party has a legal right
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party required to produce a document in the possession of a non-party entity? (MultiRegion, United States of America)
Can a party waive attorney-client privilege if they are compelled to produce documents that have not been produced voluntarily? (MultiRegion, United States of America)
Is a witness's duty to produce documents in response to a subpoena duces tecum discharged when he speaks on the witness stand or produces documents already in existence? ("New York", United States of America)
What is the difference between an order compelling a third party to produce information as part of a criminal investigation and a subpoena compelling that third party produce information once a criminal proceeding has commenced? ("New York", United States of America)
Can non-party parties be enjoined from interfering with res in the court's constructive possession? (MultiRegion, United States of America)
What is the constitutional obligation of the prosecution to produce a complete accounting to the defense of all evidence in its possession? (MultiRegion, United States of America)
Is a party who denied possession of a property at the time of the purchase of the property entitled to a third party's property? (MultiRegion, United States of America)
Can an officer or agent of a separate entity refuse to produce the records of that separate entity? (MultiRegion, United States of America)
Is there any Fifth Amendment privilege to refuse to produce documents prepared by third parties? (MultiRegion, United States of America)
What is the impact of an agreement between the respondent and the respondent on the relationship between the parties? (Canada (Federal), Canada)
