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Under Rule 34, the party seeking discovery need merely serve a request upon his opponent. Only if the opponent objects to the request must the discovering party obtain a court order.
If the Plaintiff did not give you the documents you asked for in Discovery, you can use a Motion to Compel to ask the judge to order the Plaintiff to give you the documents. To learn more about discovery, visit .masslegalhelp.org and search ?What is Discovery?? and ?Request for Production of Documents.?
How to Request Production of Documents and Things Download the template for Request for Production. ... Fill out basic information at the top. ... Choose a location for the other side to bring the documents. ... Add your own definitions (if useful) ... Write your requests for production. ... Sign and date the document. ... Make copies.
A request for production "is focused on the discovery of tangible (rather than testimonial) evidence and provides for the discovery of all types of tangible evidence, such as documents, photographs, electronic data, or other objects relevant to the litigation." ? Massachusetts Practice v. 49 (Discovery), s. .
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.