Facebook has been involved in the ongoing battle between Apple and Epic Games, and the social media company has been arguing with Apple over document requests as Facebook executive Vivek Sharma is set to testify on behalf of Epic.
Sharma plans to testify about Apple's restrictions on iOS app distribution, the App Store process, and Facebook's interactions with Apple. Apple, on the other hand, is asking for a "limited set of documents" required for a fair cross examination in relation to the procedure. Facebook has, however, refused to comply.
According to Facebook, producing tens of thousands of documents is an "untimely, unfair, and unjustified request to redo fact discovery," as Apple requires over 17,000 documents that it finds relevant to the case. Even though Facebook has already provided Apple with a total of more than 1,600 documents, 200 out of which are apparently relevant to Sharma, the tech giant has objected that they are not sufficient.
Apple has also complained that Facebook has been constantly ignoring requests for documents by using delaying tactics. The company said that it got into discussions with Facebook couple times to narrow the scope of the requests, but Facebook has not agreed to producing the required number of documents.
Quitting the matter out of frustration, Apple stopped demanding the documents from Facebook, but after Epic enlisted Sharma as its testifier, Apple is back on its stance. Now Facebook is arguing that Apple made the timing of the request "improper" by asking for the documents after the discovery period had closed and before Sharma was confirmed as Epic’s witness. The social media company further claimed that Apple is demanding additional and irrelevant documents relating to iOS 14 and Facebook's response to App Tracking Transparency.
The argument resulted in Apple taking the matter to the court to order Facebook to comply with Apple's request for the documents. The court has reportedly denied Apple’s request and called it “untimely”. The court, however, allowed Apple to raise a motion to have Sharma dismissed as a witness, provided that Epic failed to disclose him in a timely manner.