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What are the best apps for a lawyer on an IPad?
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1. Some communications would potentially not be considered a document, depending on how you define document in your rfps (Perhaps a voicemail?); 2. Better to be clear about what exactly you want in case you have to file a motion to compel/motion for sanctions/ or motion in limine to exclude evidence that wasn’t properly disclosed during discovery. At the end of the day why would you not be thorough?
Copy paste holdover, and cya when defendants decide not to produce something.
Just a way of narrowing down a request in case the court sustains an objection that “documents” is too broad.
My sense is that usually they’re duplicative terms. But have seen a scenario where “documents” was defined narrowly (e.g., failed to state that the terms included all types of electronic records). Because of that, the RFP wouldn’t have applied to voicemails on a responding custodian’s phone. The definition of “communications” swept it in. Doubt it matters generally, but occasionally seems like they’re not totally overlapping Venn diagrams.
One point not made yet...I distinguish them in appropriate cases where the information I want is *whether* they have it. E.g., if I suspect spoliation, I might ask for text messages in a single RFP so specific they can't object in good faith. Then when they object anyway, and I get nothing or close to nothing, that's an easier button to push than the typical all encompassing boilerplate request that some judges won't care to deal with.
Relic from the past