Notice to produce preparation
Notices to produce are a fast way to obtain specific documents from a party. This checklist walks through the preparation steps.
This is a 12-step preparation checklist for a notice to produce in NSW civil proceedings. It covers scope, specificity, service, objections and inspection.
The checklist
Confirm the party status
Notices to produce are served on a party. Non-parties require subpoenas.
Identify the documents specifically
Describe documents with specificity — not categories of everything relating to the dispute.
Confirm relevance
Documents must be relevant to a fact in issue on the pleadings.
Draft the notice
Draft the notice in UCPR approved form with a clear schedule.
Set a return date
Return date must give reasonable time to comply. Short return dates invite a motion to set aside.
Serve on the party
Serve in accordance with the rules. Retain proof of service.
Manage objections
Common objections are specificity, privilege, confidentiality and burden.
Prepare a short response to objections
If objections are raised, prepare a response and a motion to enforce if needed.
Inspect produced documents
Inspect produced documents on the return date or at an agreed location.
Take working copies
Take working copies of relevant documents, marked as such for the implied undertaking.
Index into the case file
Index into the document management system with source, date and relevance.
Consider follow-up subpoena
If the notice is resisted or inadequate, consider a subpoena or a Pt 21 order.
When this checklist applies
Use this checklist when you need a discrete document from the other party without the full discovery process.
Common pitfalls
- Drafting a schedule that resembles discovery
- Not giving reasonable time to comply
- Ignoring privilege objections
- Breaching the implied undertaking on produced material
- Forgetting that non-parties need a subpoena
Run this checklist on a real matter
Quillio drafts notices to produce and inspection letters in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court and family law equivalents.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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