What must be established to set aside a notice to produce?

To set aside a notice to produce, it is essential to demonstrate the absence of a legitimate forensic purpose. This requirement stems from the need for the court to protect parties from unnecessary or overly burdensome demands for documents that do not serve a valid investigative or evidentiary function in the context of the legal proceedings.

When a notice to produce is issued, it should be aimed toward retrieving documents that have a meaningful connection to the matters in dispute, contributing to the fair administration of justice. If it can be established that the request lacks any legitimate forensic basis, this might warrant the court's intervention to dismiss the notice, as it could be seen as an abuse of process or a tactic to harass the opposing party.

Although the other options present valid scenarios relating to the issuance of a notice to produce, they do not capture the fundamental principle that underpins the authority to set it aside. For instance, while document identification is critical, the focus must be on whether there is a genuine purpose behind the notice. Similarly, disagreement about necessity, or an inability to comply, might not justify setting aside the notice without the foundational premise of lacking a legitimate forensic justification.