California Auto, Tractor and Trailer Accident Attorney - Inspection Of Documents; Things And Places

WHAT IF THE PARTY BEING ASKED DOES NOT WISH TO COMPLY WITH PART OR ALL OF THE DEMAND?
A party may make a motion for a protective order from the court (after a reasonable and good faith attempt at an informal resolution of each issue presented by the motion) when it feels that obeying such a production request would result in unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.

In the tractor / trailer / truck accident case, this protective order may include, one or more of the following directions:
1. That all or some of the items or categories of items in the inspection demand need not be produced or made available at all.

2. That the time to respond to the demands, or to a particular item or category in the set, be extended.

3. That the place of production be other than that specified in the inspection demand.

4. That the inspection be made only on specified terms and conditions.

5. That a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified persons or only in a specified way

6. That the items produced be sealed and thereafter opened only on order of the court.

The court shall impose a monetary (a fine) against any party, person, or a Southern / Northern California tractor trailer accident attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

HOW DOES THE ANSWERING PARTY RESPOND?
The responding party responds separately to each item by:
1. A California / Placerville tractor trailer accident lawyer creates a statement that his client will comply with the particular demand for inspection and any related activities. The statement must say that he will comply with the particular demand and that the production, inspection, and related activity demanded will be allowed either in whole or in part, and that all documents or things in the demanded category that are in his possession, custody, or control will be made available.

2. A representation that he lacks the ability to comply with the demand for inspection of a particular item or category of item, or that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. The statement shall also say why he is unable to comply (i.e. the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in his possession, custody, or control) The statement must set forth the name and address of any person or believed by him to have possession, custody, or control of that item.

3. An objection to the particular demand. If only part of an item is objectionable, the response shall contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category. Any objection shall:
a. Identify anything falling within any category of item in the demand to which an objection is being made, and
b. Set forth clearly the extent of, and the specific ground for, the objection.

4. The party then signs the response under oath in the auto / tractor trailer accident case and mails them to the asking party within thirty days of receipt. The parties may, among themselves, agree to extend this time.

5. If an answering party fails to respond in time (and has not gained an extension to respond by the asking party) that party waives any objection to the demand. However, the court may relieve the responding party from this waiver if he has subsequently served a response and it is in substantial compliance with the initial request and the responding party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.