Civil Procedure Multistate Bar Practice Exam

What can a responding party do if answers can be found in business records?

1. Ignore the request

2. Direct the requesting party to the records

3. Provide copies of the records automatically

4. Refuse to disclose any information

The correct answer is: Direct the requesting party to the records

When a responding party has information that can be found in business records, they are obligated under rules of civil procedure to assist the requesting party in locating that information, rather than simply ignoring the request or refusing to disclose it. By directing the requesting party to the specific records where the answers can be found, the responding party fulfills their duty to provide meaningful access to relevant information while also respecting the procedural mechanism intended for discovery. This approach balances the interests of both parties: it aids the requesting party in obtaining necessary evidence while relieving the responding party from the burden of compiling and providing everything from the records. This ensures that discovery processes remain efficient and focused on relevant data without placing undue strain on the responding party. The appropriate response in this situation is to guide the requesting party to where they can find the information rather than dismissing the request or automatically producing potentially voluminous records.