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Demand for Documents


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#1 tammy14821

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Posted 11 January 2013 - 05:37 AM

Does the attorney keep the original Demand for Documents and serve a copy on the opposing attorney?

#2 pg1067

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Posted 11 January 2013 - 07:10 AM

Depends on the applicable state law.

#3 FindLaw_Amir

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Posted 11 January 2013 - 08:17 AM

What state is this matter concerning?
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#4 tammy14821

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Posted 11 January 2013 - 08:40 AM

New York State

#5 adjusterjack

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Posted 11 January 2013 - 11:41 AM

Does the attorney keep the original Demand for Documents and serve a copy on the opposing attorney?


Generally, one serves the original on the recipient and keeps a copy.

But these days with documents being generated by computer there isn't likely to be any discernible difference between the original and a copy, so what difference does it make?

It's the words on the paper that gives notice to the recipient of what the words are telling the recipient to do. Likely doesn't matter whether the recipient was served with an original or a copy.

By the way, if you think you don't have to comply because it's a copy, think again. All the other party has to do if you raise the issue is get an original served on you or have the judge compel you to comply regardless.

You don't get anywhere by raising the issue of copy vs original.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 pg1067

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Posted 11 January 2013 - 01:26 PM

Generally, one serves the original on the recipient and keeps a copy.


Actually, the more common procedure is that the party propounding the discovery ends up with all of the originals (i.e., the propounding party keeps the original request and serves a copy, and the responding party serves the original and keeps a copy).




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