Production of Documents
http://www.law.cornell.edu/rules/frcp/Rule34.htm
Federal Rules of Civil Procedure
Depositions and Discovery
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
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 requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations 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 tangible things which constitute or contain matters within the scope of Rule 26(b) and which 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(b).
Production of Documents
Moderators: family_man, LindaJM
This document is very, very good in explaining how things work.
LEGAL BULLETIN
Federal Civil Actions
Lewisburg Prison Project
http://www.eg.bucknell.edu/~mligare/LPP ... ns/1.1.pdf
page 1
Introduction
This Legal Bulletin will provide information about how to litigate a civil case in federal court. The Federal Rules of Civil Procedure govern how to conduct most of the litigation.
page 21
Production of documents:
Rule 34 of the Federal Rules of Civil Procedure provides that any party may serve any other party a request to produce for inspection or copying any documents or other information, compilations, or any other “tangible things” that may be tested, sampled or copied.
This is a very useful discovery procedure for prisoners because,
(1) it may be served without permission from the court,
(2) any time after service of the complaint and summons,
(3) it is not costly for the inmate,
(3) it does not raise the custody related problems that oral depositions do,
(4) it may be repeated with additional requests as many times as necessary, and
(5) part (c) of Rule 34 provides that the rule does not preclude an independent action against a person not a party for similar production.
LEGAL BULLETIN
Federal Civil Actions
Lewisburg Prison Project
http://www.eg.bucknell.edu/~mligare/LPP ... ns/1.1.pdf
page 1
Introduction
This Legal Bulletin will provide information about how to litigate a civil case in federal court. The Federal Rules of Civil Procedure govern how to conduct most of the litigation.
page 21
Production of documents:
Rule 34 of the Federal Rules of Civil Procedure provides that any party may serve any other party a request to produce for inspection or copying any documents or other information, compilations, or any other “tangible things” that may be tested, sampled or copied.
This is a very useful discovery procedure for prisoners because,
(1) it may be served without permission from the court,
(2) any time after service of the complaint and summons,
(3) it is not costly for the inmate,
(3) it does not raise the custody related problems that oral depositions do,
(4) it may be repeated with additional requests as many times as necessary, and
(5) part (c) of Rule 34 provides that the rule does not preclude an independent action against a person not a party for similar production.
--------------------------------------------------------------------------------
http://www.law.cornell.edu/rules/frcp/Rule27.htm
Rule 27. Depositions Before Action or Pending Appeal
(a) Before Action.
(1) Petition.
A person who desires to perpetuate testimony regarding any matter that may be cognizable in any court of the United States may file a verified petition in the United States district court in the district of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show:
1, that the petitioner expects to be a party to an action cognizable in a court of the United States but is presently unable to bring it or cause it to be brought,
2, the subject matter of the expected action and the petitioner's interest therein,
3, the facts which the petitioner desires to establish by the proposed testimony and the reasons for desiring to perpetuate it,
4, the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and
5, the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.
http://www.law.cornell.edu/rules/frcp/Rule27.htm
Rule 27. Depositions Before Action or Pending Appeal
(a) Before Action.
(1) Petition.
A person who desires to perpetuate testimony regarding any matter that may be cognizable in any court of the United States may file a verified petition in the United States district court in the district of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show:
1, that the petitioner expects to be a party to an action cognizable in a court of the United States but is presently unable to bring it or cause it to be brought,
2, the subject matter of the expected action and the petitioner's interest therein,
3, the facts which the petitioner desires to establish by the proposed testimony and the reasons for desiring to perpetuate it,
4, the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and
5, the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.
http://oregonfamilyrights.com/oregon/ta ... terrog.htm
Taylor McLaren...
Please respond to the following Interrogatories and Request for Production of Documents, in accordance with the Oregon Rules of Civil and of Juvenile Procedure:
INTERROGATORIES
1. Please describe in detail the significant emotional issues referred to in Paragraph 2(1) of the Petition. For each such issue, please describe:
2. Please describe in detail the significant mental issues referred to in Paragraph 2(1) of the Petition. For each such issue, please describe:
3. Please describe in detail each incident referred to in Paragraph 2
(3) of the Petition in which the Respondent has engaged in suicidal gestures and/or attempts and has made previous threats to harm herself and the children. For each such incident, please describe:
4. Please describe in detail each incident referred in which DHS attempted to engage the Respondent in services, as referred to in paragraph 2(4) of the Petition. For each such incident, please describe:
5. Please describe in detail each incident referred in which law enforcement attempted to engage the Respondent in services, as referred to in paragraph 2(4) of the Petition. For each such incident, please describe:
6. Please set forth any sections of the Oregon statutes, any federal statues, any Oregon case precedents, or any federal case precedents that require a party to accept services offered by DHS or law enforcement.
7. Please set forth any sections of the Oregon statutes, any federal statues, any Oregon case precedents, or any federal case precedents that require the Court to assume jurisdiction and/or make a finding of abuse, neglect, or child endangerment upon finding that a party has declined to accept services offered by DHS or law enforcement.
8. Please provide the name, address, and telephone number of each person whom the Petitioner intends to call as a witness at adjudication of the above-entitled matter.
9. Please provide the name, address, and telephone number of each person whom the Petitioner relied upon in formulating the allegations in the Petition.
10. Please provide the name, address, and telephone number of each person whom any Attorney for the children intends to call as a witness at adjudication of the above-entitled matter.
11. Please provide the professional qualifications, employment history, and criminal history of each person named in response to Interrogatories 8, 9, and 10.
REQUEST FOR PRODUCTION OF DOCUMENTS
12. Please provide copies of all documents which the Petitioner intends to introduce in support of the allegations contained in the Petition.
13. Please provide copies of all other documents which the Petitioner intends to introduce at Adjudication of the above-entitled matter.
14. Please provide copies of all documents which any Attorney for the children intends to introduce in support of the allegations contained in the Petition.
15. Please provide copies of all other documents which any Attorney for the children intends to introduce at Adjudication of the above-entitled matter.
16. Please provide copies of all documents relied upon by the Petitioner in formulating the allegations contained in the Petition.
Taylor McLaren...
Please respond to the following Interrogatories and Request for Production of Documents, in accordance with the Oregon Rules of Civil and of Juvenile Procedure:
INTERROGATORIES
1. Please describe in detail the significant emotional issues referred to in Paragraph 2(1) of the Petition. For each such issue, please describe:
a. The date and place of each incident relied upon in determining each such significant emotional issue.
b. Any other facts relied upon in determining the existence of each such significant emotional issue.
c. Those sections of the DSM IV relied upon in determining the existence of each such significant emotional issue.
d. The name, address, and telephone number of each person who made the determination of each such significant emotional issue.
e. The qualifications of each such person to make a determination of each such significant emotional issue.
2. Please describe in detail the significant mental issues referred to in Paragraph 2(1) of the Petition. For each such issue, please describe:
a. The date and place of each incident relied upon in determining each such significant mental issue.
b. Any other facts relied upon in determining the existence of each such significant mental issue.
c. Those sections of the DSM IV relied upon in determining the existence of each such significant mental issue.
d. The name, address, and telephone number of each person who made the determination of each such significant mental issue.
e. The qualifications of each such person to make a determination of each such significant mental issue.
3. Please describe in detail each incident referred to in Paragraph 2
(3) of the Petition in which the Respondent has engaged in suicidal gestures and/or attempts and has made previous threats to harm herself and the children. For each such incident, please describe:
a. The date, time, and location of each such incident.
b. The conduct and statements constituting each such incident.
c. The name, address, and telephone number of each person who witnessed each such incident.
d. The name, address, and telephone number of each person who made a determination that such incident constituted a suicidal gesture, a suicidal attempt, a threat to harm herself, or a threat to harm the children.
e. The qualifications of each such person to make such a determination.
4. Please describe in detail each incident referred in which DHS attempted to engage the Respondent in services, as referred to in paragraph 2(4) of the Petition. For each such incident, please describe:
a. The date, time, and location at which each such service was offered.
b. The specific service that was offered.
c. The name, address, and telephone number of each person who offered each such service.
5. Please describe in detail each incident referred in which law enforcement attempted to engage the Respondent in services, as referred to in paragraph 2(4) of the Petition. For each such incident, please describe:
a. The date, time, and location at which each such service was offered.
b. The specific service that was offered.
c. The name, address, and telephone number of each person who offered each such service.
6. Please set forth any sections of the Oregon statutes, any federal statues, any Oregon case precedents, or any federal case precedents that require a party to accept services offered by DHS or law enforcement.
7. Please set forth any sections of the Oregon statutes, any federal statues, any Oregon case precedents, or any federal case precedents that require the Court to assume jurisdiction and/or make a finding of abuse, neglect, or child endangerment upon finding that a party has declined to accept services offered by DHS or law enforcement.
8. Please provide the name, address, and telephone number of each person whom the Petitioner intends to call as a witness at adjudication of the above-entitled matter.
9. Please provide the name, address, and telephone number of each person whom the Petitioner relied upon in formulating the allegations in the Petition.
10. Please provide the name, address, and telephone number of each person whom any Attorney for the children intends to call as a witness at adjudication of the above-entitled matter.
11. Please provide the professional qualifications, employment history, and criminal history of each person named in response to Interrogatories 8, 9, and 10.
REQUEST FOR PRODUCTION OF DOCUMENTS
12. Please provide copies of all documents which the Petitioner intends to introduce in support of the allegations contained in the Petition.
13. Please provide copies of all other documents which the Petitioner intends to introduce at Adjudication of the above-entitled matter.
14. Please provide copies of all documents which any Attorney for the children intends to introduce in support of the allegations contained in the Petition.
15. Please provide copies of all other documents which any Attorney for the children intends to introduce at Adjudication of the above-entitled matter.
16. Please provide copies of all documents relied upon by the Petitioner in formulating the allegations contained in the Petition.
http://www.fightcps.com/oldsite/legaldo ... uments.txt
Sample Request for Production of Documents from Main Page of this website.
Sample Request for Production of Documents from Main Page of this website.
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