New York Law (NYLE) Practice Exam

What presumption applies to documents a corporation produces in discovery?

1. They are presumed to be authentic and privileged

2. They are presumed to be authentic but not privileged

3. They are presumed to be copies

4. They are presumed to be fabricated

The correct answer is: They are presumed to be authentic but not privileged

In the context of discovery in New York law, documents produced by a corporation are generally presumed to be authentic but not necessarily privileged. This means that when a corporation provides documents during the discovery process, those documents are accepted as genuine and can be considered valid evidence unless there is reason to contest their authenticity. The presumption of authenticity is significant because it streamlines the discovery process, minimizing the need for extensive verification of each document. However, this presumption does not extend to privilege, meaning that just because a document is authentic does not imply it is protected from disclosure under legal privilege, such as attorney-client privilege or work product doctrine. This differentiation is crucial because parties in litigation must still evaluate which documents can be subject to privilege objections and may seek to redact certain parts of documents based on those objections. The other options suggest implications about either the nature of the documents or their status that do not align with the prevailing legal standards. The presumption that documents are copies or fabricated lacks sufficient support in legal practice and would not apply in a standard discovery scenario.