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Typically, if you requested a document, but the other side claims it doesn't exist, you can object to the judge if they try to introduce the document at trial. This helps prevent surprise evidence at trial.
Requests for the Production of Documents are a discovery device used by a party to enable the individual to learn the facts that are the basis for, or support, a pleading with which he or she has been served by the opposing party. What is a Request for the Production of Documents? - FAQS - Answers libanswers.com ? faq libanswers.com ? faq
Bringing Documents to Examination and Trial However, the parties may agree that certain documents are not necessary at discovery or trial and can mutually decide not to produce them there. Rule 30.11 (Production and Inspection of Documents) - CanLII canlii.org ? commentary ? doc canlii.org ? commentary ? doc
Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, electronically stored information, and other data ...
Ing to Federal Rule of Civil Procedure 34(a), a party served with a request must produce documents in the party's possession, custody or control. Thus, documents held by employees, subsidiaries and affiliates, and third parties with legal or practical control of documents may all be discoverable.
In conclusion, Rule 64 of the Federal Rules of Civil Procedure provides a framework for the seizure of property in order to enforce judgments and protect property. It ensures that the rights of individuals are respected, and that any harm caused by the seizure of property is minimized.