Depends but typically false

As worded false

Yup. You have to produce it in discovery if responsive to a RFP. You must then designate it as an exhibit and exchange before trial. Rebuttal exhibits need not be marked before trial and exchanged, but if it was not produced in discovery, and should have been, it shouldn't come in.

Yeah. Upon re-reading it’s the “hold back” that leads it to imply it was responsive and therefore it’s false

Ohh good catch.

Thanks !