See Anatomy of a Personal Injury Case ## 1 & 2 on this web site.

Depending on the nature of the case, documents may or not be critical. In a car crash case, even one involving death or severe injury, the only key documents may be police or accident reports. The plaintiff's lawyer develops the case primarily through witness interviews and in some cases, accident reconstruction. On the other hand, a medical malpractice case relies heavily on documents - the medical records themselves. While depositions of the defendant and key medical personnel, such as members of an operating team, will be crucial, the facts of medical negligence must be largely proven through the documentation. The exception are those cases in which missing records are so important to proving medical negligence, that the negligence can be inferred from the absent records. Documents are obtained with a simple written request for their production. Unless records are privileged for some reason (see The Secret Files of Doctors on this web site), each attorney is entitled to the requested records if they are within the possession or control of the other side.

Usually at the start of a lawsuit, the plaintiff's lawyer will send a request for as many categories of records that he thinks may be relevant to preparation and trial of his case. Document requests typically seek medical records, correspondence including emails, diaries, memoranda, telephone logs, policies and procedures in relevant cases, and a catchall of all documents the defendant claims supports the defense, and all documents the defendant intends to offer into evidence at trial. Document requests can be issued only to other parties in the lawsuit. They can be obtained from non-parties with a Keeper of the Records deposition notice, accompanied by a subpoena. Sometimes parties fail to respond to document requests or send documents that are not fully responsive to the request. In those cases, the lawyer seeking the documents files a motion with the court for an order compelling production. Provided that the document request was a proper one, such motions are usually successful and ultimately result in production of the documents. Nevertheless, plaintiff's counsel must be vigilant for improper withholding of documents by the defense.

The same rule of civil procedure governing document requests also allows either side to enter the property of the other side if relevant to the case. It provides further for requests for production of tangible things. Entry onto property can be vital for the purpose of taking photographs or measurements. Production of tangible things may be necessary in order for the attorney's expert to conduct testing. If the item is unique, the parties agree or the court orders, a procedure to insure that the testing is not destructive, or if it is that every party gets the opportunity to participate in the testing. When properly used, requests for the production of documents and things and to enter property, is a powerful and necessary litigation preparation tool.