This essa6y focuses on a legal right to obtain and produce documents. may be required to produce; practitioners should be aware of which test applies in their jurisdiction
NDIA’s right and abilitythe legal-right and practical-ability tests have been criticize and given different interpretations in the jurisdictions where they are apply. In particular, application of the practical-ability test has been say to be challenging in practice. And for that and other reasons, the legal-right test has been favor as the better test because of its fairness and consistent application. Even so, there are still limitations under either test on what documents a party may be require to produce; practitioners should be aware of which test applies in their jurisdiction. It is (and how)legal-right test is pertinent when a party has a legal right to obtain and produce.
The documents and ESI on demand that is within a party’s possessio. Thecustody, or control. However, a party does not have to be in actual possession of such documents. This is to have a legal right to obtain the information. This test is applicable in jurisdictions where a contract allows access to such documents. It is or when there is a principal-agent relationship that provides a legal right to obtain documents. Further, jurisdictions typically place the burden of proof on the party opposing the production of documents and ESI to show that he or she does not have actual possession or the legal right to obtain the requested information.