Ediscovery
Jun. 19, 2025
Don't let an adverse party commit to producing 'relevant' documents
While responses to Requests for Production that promise to produce only "relevant" documents may seem reasonable, they in fact obscure a fundamental flaw--allowing the producing party to unilaterally define relevance undermines the transparency and fairness essential to the discovery process.
Responses to Requests for Production (RFPs) vary widely between extreme candor and obfuscation. Between those poles are the responses that look something like the following: "Responding Party will produce relevant, responsive documents within its possession, custody or control." That almost looks like a commitment to produce documents within the scope of the request at issue. Hooray! But they say the devil is in the details, and the devilish detail lurking in this particular ...
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