Why do people distinguish between DOCUMENTS and COMMUNICATIONS in requests for documents. Aren’t communications a subset of documents? Is this a copy-paste holdover from interrogatories, or is there a valid reason to distinguish?

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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?

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Copy paste holdover, and cya when defendants decide not to produce something.

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Just a way of narrowing down a request in case the court sustains an objection that “documents” is too broad.

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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.

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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.

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