5 replies to this topic

[tammy14821]

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

[pg1067]

Depends on the applicable state law.

[FindLaw_AHK]

What state is this matter concerning?

[tammy14821]

New York State

[adjusterjack]

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.

[pg1067]

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).