1. A Request for Production is a written request for documents in the possession or control of the other side in the case. (If you want documents from someone who is not a party to the case, you send a Subpoena instead) It also applies to electronically stored information like emails and information stored on your home computer. or other physical (tangible) items. See the examples of requests and answers provided here.
2. When you are served with a Request for Production, you must provide the documents the creditor requests within 30 days unless you have a legal reason not to provide it. If you have a reason, you must object in writing and explain why you do not have to provide the requested document(s). This must be filed at the clerk of court office and mailed to the creditor's attorney within 30 days of receiving the Request. The requirement to provide the documents or object also applies to the other side when you request documents from the creditor.
3. Some common objections include that the other side is seeking information that is privileged, or that the request is unduly burdensome. If a Request asks for private financial or other information that should be confidential, you can a object for that reason and ask for a protective order. This usually requires a Motion for a Protective Order. But you must at least make the objection within the 30 days you have to answer.
4. Be careful if you refuse to provide the requested documents and do not ignore the requests. The other side can file a motion to compel you to provide the documents. If the judge says you should give the other side the documents you object to, it is possible to sanction you for an improper objection. Sanctions the court can order are typically a fine or, sometimes requiring you to pay the other side's attorneys fees.
5. These rules also apply when you request production of documents from the creditor. You should carefully review the answers you get to see if the creditor is providing the specific documents you requested. They often just send copies of all the monthly statements.
ReviewRule 34of the South Carolina Rules of Civil Procedure for more information about Requests for Production.