If a document does not exist that is in a court order to produce, is the party required to "make" that document?

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If a document does not exist that is in a court order to produce, is the party required to "make" that document?

Anonymous Sep 30, 2016 Business 3 views 4 answers

As part of a motion, I have a Court Order for my spouse to provide a General Ledger for her business for the last five years. My spouse's lawyer has stated that my spouse has not done a General Ledger for those years, they do not exist, and as such is not required to provide them. Does this mean there is no obligation to have them made by her accountant and the Court order has no teeth, in this instance?

Ira Treuhaft · Accepted Answer · 2026-06-15T17:30:22+00:00

Ira Treuhaft

Ira Treuhaft · Jun 15, 2026

Have them write that in a certified letter. Ask for other documents that are similar.

0 upvotes

Robert Ricci · Accepted Answer · 2026-06-15T17:30:22+00:00

In a request to produce documents, you can only request the production of documents that exist to to which she has access. You can ask in interrogatories for her to provide a detailed analysis of all transactions or seek bank records.

Risa Kleiner · Accepted Answer · 2026-06-15T17:30:22+00:00

Risa Kleiner

Risa Kleiner · Jun 15, 2026

A Notice to Produce is just that. It is not a notice to "create" documents that do not a,ready exist.

0 upvotes

Aniello Cerreto · Accepted Answer · 2026-06-15T17:30:22+00:00

Get the last 5 years of the businesses actual checking or other bank account statements. The banks generally , not always, but generally do keep the records. Have your accounting professional cross check them against the reported tax returns and chances are you will find leverage. good luck.

If a document does not exist that is in a court order to produce, is the party required to "make" that document?

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