Bivek, Brubaker & Prescott - Marietta family law and divorce attorneys

Request for Production

Request for Production allows the opposing party to gather evidence by requesting documentation. According to Georgia law, request for production allows a party:

(1) To produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, 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 subsection (b) of Code Section 9-11-26 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 subsection (b) of Code Section 9-11-26. O.C.G.A. § 9-11-34 (a)

How are Requests for Production useful to a case?

Requests for Production are an important tool for a party to gather evidence in a family law case. For example, the requesting party may ask for any and all bank statements to help gather evidence of separate bank accounts that the requesting party is not able to access. While Request for Production can help gather missing information, it can also be used to obtain evidence to help support the requesting parties’ claims.

Who all can be served with Requests for Production?

If the party suspects the other party has not turned over all the documents requested, they can request a nonparty for the documents. Georgia law allows a party to request discovery against persons, firms, corporations, and healthcare facilities who are not a party to the case. The entity that is served the request for production shall make an effort to produce and make available the documents requested to both parties. Non-party production requests can be a valuable tool in finding missing bank account, retirement, and credit card statements that the opposing party did not produce in their discovery responses. 

What does Notice to Produce mean?

When served with a Request for Production the title of the pleading will commonly include Notice to Produce as well. Notice to Produce allows the party to compel that any documents the responding party produces in response to the Request for Production must also be made available at any deposition, trial, mediation, and/or hearing.  

Overall, Request for Production is one of many valuable discovery tools available to an individual when they are going through a divorce or child custody matter. It is important to have an experienced Family Law attorney on your side to help you. Contact our Marietta divorce lawyers online, or call us toll-free at 866-527-2630 to schedule a consultation to discuss your situation. 


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