If the original document that you need for your case is in the custody or control of an adverse party, you generally have several legal avenues to pursue in order to obtain it:
1. **Request for Production**: During the discovery phase of litigation, you can serve a request for production of documents on the adverse party. This is a formal legal process where you ask the other party to produce specific documents that are relevant to the case.
2. **Subpoena Duces Tecum**: If the adverse party is not directly involved in the litigation (e.g., a third party), you can issue a subpoena duces tecum, which specifically demands the production of documents or records that are in their possession.
3. **Motion to Compel**: If the adverse party refuses to produce the requested documents, you can file a motion to compel with the court. This motion asks the judge to order the other party to provide the documents. You will need to show that the documents are relevant to your case and that the other party’s refusal to provide them is unjustified.
4. **Deposition**: You can notice a deposition of the person who has custody or control of the document. During the deposition, you can ask them to produce the document and answer questions about it.
5. **Court Order**: In some instances, you might need to obtain a direct court order to ensure the adverse party produces the document. The court has the power to issue sanctions or penalties if a party fails to comply with its orders.
6. **Notice to Produce**: Depending on your jurisdiction, you might be able to serve a notice to produce documents without needing court approval.
It’s important to follow proper legal procedures and deadlines when requesting documents, as failure to do so can result in delays or denial of access to the documents. Consulting with an attorney can provide guidance specific to the jurisdiction and nature of your case.
What to if the original document is in adverse party's custody or control
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