Civil investigative demands and state attorney general inquiries
Compulsory process outside a courtroom, with less structure and considerable reach.
Esshaki Legal Media TeamCurrent as of August 2022
Many statutes empower agencies and state attorneys general to issue compulsory
demands before any suit — for documents, written responses and oral testimony.
Breadth. Demands are frequently expansive and issued on a low threshold of
suspicion. The recipient’s leverage lies in negotiation rather than in formal
objection, since courts are deferential on enforcement.
Negotiating scope. Custodians, date ranges, search terms, and phased
production. Offering a structured, prompt partial production usually achieves
more narrowing than a global objection.
Objections. Relevance, undue burden, privilege, and constitutional limits.
Some statutes require objections within a short period or they are waived.
Confidentiality. Statutes vary on whether the demand and the materials are
public. Several state public records laws expose them, and a confidentiality
agreement or statutory designation should be sought before producing sensitive
material.
Multistate inquiries. Coordinated demands from several attorneys general
raise the question of a common briefing and negotiation with an executive
committee of states, which is usually more efficient than parallel individual
responses.
Parallel exposure. Materials produced may be shared with other agencies and
with federal criminal authorities. Nothing should be produced without that
assumption.
Privilege. Non-waiver agreements are available in some regimes and should be
requested rather than assumed.