Michigan Property Law: Civil Litigation Discovery Requests, Requests for Production of Documents

Demand for Production

When a case filed in civil court is pending, the parties have options to obtain more information to use in their respective cases. One option is to send a request to the opposing side to produce certain items for review. This is called a demand for production. For more specific information, please review MCR 2.310.

These requests are usually made in writing and the other side must respond within twenty-eight days of service.

This request asks the opposing party to submit certain documents, affidavits, or other potentially discoverable materials from the opposing party. If a party fails to respond to a demand for production, the opposing side may file a motion and ask for a court-order, along with sanctions.

However, occasionally, a party makes demands for documents that are not permissible under the court-rules and the other side can object. Further, sometimes, parties are asking for information which simply does not exist. Ultimately, if a person objects to turning over documents, the opposing party may file a motion and ask the court to determine whether a person needs to produce the materials is up to the court.

If a party abuses the discovery process, the opposing party may file a motion with the court and ask for sanctions.

Scheduling orders issued by the court are an important part of this process. These orders may restrict when, how, and how many requests for documents the parties may ask.

Further, demands for production of documents may not be allowed in Michigan’s District Courts without a court-order permitting them. However, these requests are frequently made if a civil-claim is pending in Michigan’s Circuit Courts.

For more specific information, please review MCR 2.310.


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