When discovery arrives, preserve the complete request and delivery information. Forward it promptly to counsel. Do not rely on your own estimate of the response deadline or assume that gathering documents alone completes the response.
Organize by request without changing originals
Create a working index showing which records may relate to each request. Keep original files intact. If a request is unclear, flag the question for counsel rather than guessing or omitting it.
Identify sensitive material
Tell your attorney about private information, third-party information, and communications with counsel. Do not make independent decisions about privilege or the scope of production. Those issues require a review of the specific request and circumstances.
Explain what is missing
Describe where you searched and whether a record is unavailable, held by someone else, or never existed to your knowledge. A candid explanation is more useful than an unsupported answer. Confirm with counsel what still needs to be collected and when.
Discovery is a formal process
California Courts explains that written discovery and subpoenas have specific procedures. Producing a folder informally does not necessarily satisfy a formal request. Keep the request number, service information, draft response, and proposed supporting records connected in your working index.
Should I decide which documents are privileged?
Flag communications with counsel and other sensitive material for legal review. Do not delete records, edit them to remove context, or assume a label resolves a privilege question. Your lawyer can assess the request, any appropriate objection, and the response required in the circumstances.
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