Legal Question in Business Law in Florida

To pay for ''notice to produce''

In a corporate case where we have turned over our notice to produce and now opposition wants to be paid $500.00 for us to get ours.

Is this standard or common practice?


Asked on 4/11/07, 8:54 am

2 Answers from Attorneys

Johm Smith tom's

Re: To pay for ''notice to produce''

If their demand for payment is not justified, you can use that against them. But you might want to give them a good faith warning in writing informing them that conditioning their production on prior payment is not a valid reason for delaying with production and that you will motion for sanctions if they fail to meet the production deadline. That will get their attention. You really should have an attorney involved in comporate litigation; aren't the company assets worth that protection?

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Answered on 4/11/07, 10:20 am
Scott R. Jay Law Offices of Scott R. Jay

Re: To pay for ''notice to produce''

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. The opposing side cannot charge you to get a response to normal discovery requests unless they have to make out of pocket expenditure to produce the same. This might include getting copies of microfilmed checks or statements from a bank.

Otherwise, they must produce the requested materials in the time period set forth. If they fail to do so, you can file a Motion to Produce with the Court to order them and to ask for your costs, if any, in filing the Motion. If they violate the resulting Order, then they may be found to be in contempt of court.

Scott R. Jay, Esq.

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Answered on 4/11/07, 9:10 am


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