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Minnesota divorce: request for production of documents
MINNESOTA DIVORCE: REQUEST FOR PRODUCTION OF DOCUMENTS LAWYER
Formal requests for production of documents in family law proceedings can be a very effective method for obtaining necessary and relevant documentation from the "opposing side" for purposes of the proceeding.
Rule 34 of the Minnesota Rules of Civil Procedure provides in part as follow:
Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requesting party's behalf, to inspect and copy, test, or sample any designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, sound recordings, images, phono-records, and other data or data compilations stored in any medium from which information can be obtained - translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any designated tangible things that constitute or contain matters within the scope of Rule 26.02 and that are in the possession, custody or control of the party upon whom the request is served, or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26.02.
The request may, without leave of court, be served upon any party with or after service of the summons and complaint. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced.
The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, stating the reasons for objection. If objection is made to part of an item or category, that part shall be specified and inspection permitted of the remaining parts. If objection is made to the requested form or forms for producing electronically stored information - or if no form was specified in the request - the responding party must state the form or forms it intends to use. The party submitting the request may move for an order pursuant to Rule 37 with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.
Unless the parties otherwise agree, or the court otherwise orders:
(a) A party who produces documents for inspection shall produce them as they are kept in the usual course of business at the time of the request or, at the option of the producing party, shall organize them to correspond with the categories in the request;
(b) If a request does not specify the form or forms for producing electronically stored information, a responding party must produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and
(c) A party need not produce the same electronically stored information in more than one form.
Minnesota Divorce Discovery Process & Attorney
Blahnik Law Office, PLLC will take the necessary measures to obtain all relevant documents neeed for the divorce or other family law case. If this can be accomplished through informal discovery, the firm will first attempt that "less expensive" route. However, if formal discovery is needed, the firm will serve requests for production of documents on the opposing party to obtain the necessary documents.
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Please contact Blahnik Law Office, PLLC if you have any legal needs or if you simply have a legal question that you want answered. Minnesota Divorce Lawyer & Attorney * Scott County Divorce Lawyer & Attorney Blahnik Law Office, PLLC, 16180 Hastings Ave., Suite 201, Prior Lake, Minnesota 55372 Copyright 2011 - Blahnik Law Office, PLLC |
