The Defendant claims that it availed documents after you filed the first and second requests for production. It also claims that the documents it provided were unprivileged, meaning that their attorney filtered what she thought was privileged and provided the rest. It is important to look at the documents that she failed to provide under the guise of privilege and determine whether they are really privileged. It is also important to determine whether Defendant stated the basis of the mentioned privilege. Defendant is required to reveal the subject matter of documents if indeed the documents are protected under privilege.
The Defendant claims that it did not furnish you with the documents in your third request for production because it had provided them in the second request for production. You are required to show that the documents requested in the third request are different from those in the second request. You can do that using more information to describe the documents such as dates, locations, and names of signatories that you may know.
In the worst-case scenario, if the court denies the proposed subpoena because Defendant is a party, you can still file another request for production of documents. Florida allows filing up to 30 of them. However, you will have to critically evaluate each of the documents you’ll be asking for and determine whether they are in the exclusive possession of Defendant, whether they are privileged and whether they have been produced before. If the documents meet the above criteria, the judge will compel Defendant to produce them.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )