The process of delivering, or making available for review, documents in response to a request for documents, such as a request for production and a subpoena. A request for documents may call for the production of paper (hard copy) documents and electronically stored information (ESI).

Parties may produce ESI in a number of formats, including:

Parties usually produce documents with a production number (such as a Bates number) so that they can readily identify each document. Produced documents also may contain other designations, such as a notation that the document is confidential.

Parties may agree to an ongoing (rolling) production of documents, particularly when there are a large number of documents involved in a case.

For information about producing documents in native format, see Practice Note, The Case for Native Production.