Who can a request for production of documents be served on?

Who can a request for production of documents be served on?

• A. Can be party or non-party but information must be in their possession, custody, or control and must be given in the form that they are usually maintained or the order in which it is filed
• B. Only a party
• C. Only a non-party
• D. Only the court can compel

Answer: (A)

The key idea is that a request for production can reach both parties and nonparties who actually hold the documents. If someone has possession, custody, or control of relevant materials, you can serve a production request on them, not just on someone who is a party to the case. The documents should be produced in the form in which they are ordinarily maintained, or in a form that the court orders or that the parties agree is reasonably usable. This structure lets you obtain needed records from outside the immediate party lineup while keeping the records in a usable format.

The key idea is that a request for production can reach both parties and nonparties who actually hold the documents. If someone has possession, custody, or control of relevant materials, you can serve a production request on them, not just on someone who is a party to the case. The documents should be produced in the form in which they are ordinarily maintained, or in a form that the court orders or that the parties agree is reasonably usable. This structure lets you obtain needed records from outside the immediate party lineup while keeping the records in a usable format.