Legal Question in Civil Litigation in California

You shouldn't have any copying costs in responding to a request for document production. If they want copies they can make them at their expense. If they want you to make copies for them, you can agree to but are not obligated to, and normally you agree to when they agree to pay the cost.

A request for document production is a misnomer, used by many attorneys. It is such a misnomer because it leads attorneys in the wrong direction. The Discovery Act actually doesn't specify that you have to produce copies of documents at their request, and that is where the confusion over this procedure comes from.

The actual code section describes it as an Inspection Demand. (Article 1 of Chapter 15 of the Code of Civil Procedure.) Code of Civil Procedure section 2031.010 states that any party may use a demand to obtain inspection of documetns, tangible things, and land or other property in the possession of any other party to the action. If you read that section, and the sections that follow carefully, they do not say that you have to make copies and deliver them to the demanding party at your expense.

In responding to an inspection demand, the party has two obligations. The first is a response as to whether the inspection will be allowed in whole or in part. The second is compliance with the statement that inspection will be allowed. The code is very clear that the party demanding the inspection is to make the copies, and not the party responding to the demand. "A party may demand that any other party produce and permit the party making the demand, or someone acting on that party's behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made." (Code of Civ. Proc. sect. 2031.010 subd (b).)

Many attorneys and lawfirms, however, demand that the party responding provide copies to them at the responding party's expense. THIS IS INAPPROPRIATE. I usually address this problem, with a letter to meet and confer, agreeing to meet at a reasonable time and location with the documents for them to copy.

That usually ends the nonsense, but you may have trouble if you are representing yourself, as they will attempt to intimidate you and insist that their interpretation of the Discovery Act is correct.