Kept in the Usual Course of Business

UPDATED OCTOBER 21, 2020

C.C.P. §2031.280(a) was amended on 1/1/2020 to read:

(a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified  with the specific request number to which the documents respond.

See my blog  “Make Sure you are aware of the New Document Response Requirements” for an updated analysis.

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Original Blog

Have you ever had a situation where the opposing side has responded to each of your document production requests with the response?

All responsive documents within the custody and control of responding party will be produced.

and then they dump thousands of documents on you with no rhyme or reason as to how they are organized.

You then diligently send your meet and confer letter stating that the  documents are so disorganized that you “can’t make heads or tails as to which documents are responsive to which request.”  Opposing counsel responds saying that the document production was in compliance with the code as the documents were produced “as they are kept in the usual course of business” and they will neither modify their response nor the production.  So what do you do?


Continue Reading A Needle in a Haystack – When Opposing Party Dumps Documents