I objected to the Notice o Production, then opposing counsel sent a subpoena asking for the objected documents.

Asked over 1 year ago - Orlando, FL

So the other party filed a Notice of production from a non-party in which I objected to some of the docs they were requesting. The next day they sent a subpoena for a deposition in which it is requiring the party to bring docs. These are the same docs I already objected to. Does the witness still have to bring in all those docs? Do I need to object to the subpoena as well or the fact I already objected to the Notice of Production sufficient. I feel like since I am objecting to the NOP they are trying to back door it by sending a subpoena for depo and having the witness bring the docs in when they are deposed.

Attorney answers (2)

  1. Eugene P. Castagliuolo

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . They're beating you at the discovery game (at least temporarily) because you don't know the rules of the game. Just because you might figure out 75% of what you need to figure out doesn't mean that you won't get clobbered by that 25% that you don't know about (and have no realistic way of figuring out in the short time frames you're facing). Do you care about this case? Is there a lot at stake? If you answer "yes" to either of these questions, then you might want to hire an attorney. Please don't get upset with me because I'm making sense, and best of luck to you!

    As of the time I provided my answer to your question(s) today, I am NOT your lawyer and you are NOT my client.... more
  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You need to hire an attorney. Just because you objected to the production of documents doesn't mean that the non-party is not required to produce them. And your objection is not a court order; you'll ultimately need a court determination as you generally are not the arbiter of what is discoverable versus what isn't discoverable. If you feel that some of the documents are privileged or not subject to production, you have to demonstrate a legal basis as to why those documents shouldn't be produced. Keep in mind, the scope of discovery is broad and in most jurisdictions, so long as the discovery is "reasonably calculated to lead to the discovery of admissible evidence" then a court will allow it.

    If you truly believe the documents are not subject to production, then a Motion for Protective Order should be filed. You need to articulate the legal basis as to why the documents should not be produced. Generally speaking, pro se plaintiffs are not familiar with what the rules of evidence allow and what documents are privileged, so you'd be better served in hiring an attorney.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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