Legal Question in Administrative Law in California
Defendant refusing to bring documents
I have requested production of documents from the defendant and had it served on her attorney. The defendant's attorney has now informed me that her client has another business to take care of and will not appear in person to bring me the documents and the attorney will have the documents ready.
Isn�t the defendant herself required to bring me the documents? If so, what is my recourse against the defendant?
Thank you.
3 Answers from Attorneys
Re: Defendant refusing to bring documents
If you're going to 'play lawyer', you're going to have to learn how. Lawyers go to law school after college, take regular MCLE classes, and privately read and study to learn all these things. Start by reading the Civil Code sections that are listed on the pleadings; they are the controlling rules for your current question. Keep in mind that if you don't do all these things correctly, you're creating problems for yourself, and wasting time and money. You're not going to get any help from the court, and you're expected to know all the rules and procedures at every court hearing and trial.
Re: Defendant refusing to bring documents
No. The defendant is only required to make a written response under oath within 30 days (+5 if requests mail-served).
"
2031.210. (a) The party to whom an inspection demand has been
directed shall respond separately to each item or category of item by
any of the following:
(1) A statement that the party will comply with the particular
demand for inspection and any related activities.
(2) A representation that the party lacks the ability to comply
with the demand for inspection of a particular item or category of
item.
(3) An objection to the particular demand.
2031.220. A statement that the party to whom an inspection demand
has been directed will comply with the particular demand shall state
that the production, inspection, and related activity demanded will
be allowed either in whole or in part, and that all documents or
things in the demanded category that are in the possession, custody,
or control of that party and to which no objection is being made will
be included in the production.
"
So in essence, in the written response she only has to represent that she will produce the stuff, then she makes arrangements for you to come to her office and copy them at your own expense, or she copies them and sends them to you, or allows you to come and examine the tangible things - depending on what's been demanded.
Re: Defendant refusing to bring documents
Mr. Lee's response is correct. I might add that you may be confusing a proper response to a document-production demand, as you made, which does not require (and rarely gets) a personal visit from the party upon whom the demand is made, and a deposition with document production or subpoena duces tecum, both of which require the party or witness to appear with the document for questioning about them.