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What is the relationship between receiving an RFP and a discovery request in the context of legal matters?
The Request for Production of Documents (RFPD) is a formal request from one party to another to produce specific documents or evidence relevant to the case, and the responding party is required to provide the requested documents within a specified timeframe.
A Discovery Request is a broader term that encompasses various methods of obtaining information from the opposing party, including interrogatories, requests for admissions, and depositions.
Upon receiving an RFPD and Discovery Request, the responding party must review the request, identify responsive documents, and produce them in a timely manner to avoid legal consequences.
Failure to comply with the request may result in legal consequences, including sanctions or court orders.
The Federal Rules of Civil Procedure (FRCP) provide that requests for production must be answered by the party to whom they are directed within 30 days.
The term "documents" in the context of a Discovery Request includes both tangible documents and electronically stored information (ESI).
A responding party should carefully review the request and identify all responsive documents, including those that may be considered privileged or confidential.
The responding party must also produce documents in a format that is readily accessible, such as PDF or TIFF, to facilitate review by the requesting party.
Requests for Production can be used to obtain copies of documents, as well as to test, measure, or inspect physical evidence in the possession or control of the opposing party.
The responding party should organize and categorize the produced documents by citing specific bates numbers or labeling the documents with the request numbers to which they relate.
Failure to organize or categorize the documents can result in discovery sanctions, as seen in the case of Kanye v.
The Grande Holdings Limited (2011).
The requesting party may also ask for documents that are not directly relevant to the case, but may be considered "discoverable" under the rules of civil procedure.
A responding party may object to a Discovery Request if it is overly broad, harassing, or unduly burdensome.
The parties may also agree to a "meet and confer" process to resolve discovery disputes and narrow the scope of the request.
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