§ 9-11-124.Form of motion for production of documents under Code Section 9-11-34

Getting a look at documents, objects, or property in an opponent’s hands is a routine part of preparing a case. This form shows how that request was pleaded as a motion, backed by sworn proof rather than sent as a simple letter or self-executing request.

The Motion for Production of Documents asks the court to order the defendant to do three things: produce listed documents for inspection and copying; produce listed objects for inspection and photographing; and permit entry onto described property to inspect and photograph portions of it and objects found there. The motion states that the defendant has possession, custody, or control of everything requested and that each item holds evidence relevant to the case, as shown more fully in an attached exhibit.

That exhibit is a sworn Affidavit, in which the moving party sets out everything known that shows the defendant possesses or controls the requested items, and everything known that shows each item is relevant to some issue in the case. Like the motion-to-dismiss form elsewhere in the article, this motion comes with its own Notice of Motion giving the hearing date and time.

Requiring a court order and supporting affidavit for this kind of request, rather than treating it as a document a party can send directly to an opponent, reflects the more formal approach Code Section 9-11-34 practice historically required for compelling production and access.