Make-Available Production

A process whereby what is usually a large universe of all potentially responsive documents are made available to the requestor; from this universe, the requestor then reviews and selects or tags the documents which they wish to obtain, and the producing party produces to the requestor only the selected documents. This is sometimes done under an agreement protecting against privilege and confidentiality waiver during the initial make available production; and the producing party, after the requestor has selected the documents they wish to obtain, reviews only the selected documents for privilege and confidentiality before the selected documents are physically produced to the requestor..”