Facebook Doesn't Want to Give Apple Requested Documents in Epic v. Apple Fight [Updated]

Facebook and Apple are squabbling over document requests in the ongoing Epic v. Apple legal battle, according to a new discovery letter filed with the court today. Facebook is involved because Facebook executive Vivek Sharma is set to testify on behalf of Epic.

fortnite apple featured
Apple wants a "limited set of documents" that are needed for a fair cross examination of Sharma, who plans to testify about Apple's restrictions on iOS app distribution, the App Store process, and Facebook's interactions with Apple, but Facebook does not want to produce the documents that Apple is asking for.

There are apparently more than 17,000 documents related to Sharma that Apple feels are relevant in the case, but Facebook says that producing tens of thousands of documents is an "untimely, unfair, and unjustified request to redo fact discovery." Facebook has already provided Apple with more than 1,600 documents, including 200 involving Sharma, but Apple does not believe that is sufficient.

According to Apple, Facebook has been continually ignoring requests for documents and using delaying tactics. Apple says it served multiple subpoenas to Facebook starting in December and met with Facebook several times to narrow the scope of the requests, but Facebook has refused to produce many of the documents in question.

Apple was fed up with Facebook and ultimately agreed not to pursue additional documents if no Facebook executives testified, but Epic added Sharma to its witness list, and Apple again wants the documents.

Despite Facebook's knowledge of the time constraints in this action, it stalled for five days purportedly because "there is unavoidable technical processing time baked in to" investigating the burden of production, and finally admitted on March 29 it did not intend to produce more documents.

Facebook claims that Apple waited to ask for the documents after the discovery period had closed (and before Apple confirmed Sharma would be a witness), making the timing of the request "improper." Facebook also claims that Apple is asking for additional unrelated documents pertaining to iOS 14 and Facebook's response to App Tracking Transparency that are irrelevant to the case.

If Apple believed that production was insufficient in any way, it had every opportunity to move to compel within 7 days of the close of discovery as required by the Court's Rules. Apple chose not to, making this motion untimely. Instead, claiming surprise by Epic's disclosure of Mr. Sharma as a trial witness--even though Epic's complaint quoted him by name--Apple now demands that Facebook review and produce an enormous number of additional documents.

Apple is asking the court to order Facebook to comply with Apple's request for Facebook's documents so that "Apple has a fair opportunity to cross examine the newly-disclosed trial witness." Facebook argues that it should not be compelled to "review tens of thousands more documents because Apple wants to go fishing for some theoretical additional cross material," and therefore the court should deny the request.

Update: The court has denied Apple's request to compel Facebook to produce additional documents, calling it "untimely" and ruling in favor of Facebook. The judge said that Apple could, however, raise a motion to have Vivek Sharma dismissed as a witness if Epic failed to disclose him in a timely manner.


Popular Stories

iphone 17 models

No iPhone 18 Launch This Year, Reports Suggest

Thursday January 1, 2026 8:43 am PST by
Apple is not expected to release a standard iPhone 18 model this year, according to a growing number of reports that suggest the company is planning a significant change to its long-standing annual iPhone launch cycle. Despite the immense success of the iPhone 17 in 2025, the iPhone 18 is not expected to arrive until the spring of 2027, leaving the iPhone 17 in the lineup as the latest...
apple intelligence black

Report: Apple's AI Strategy Could Finally Pay Off in 2026

Tuesday December 30, 2025 9:01 am PST by
Apple's restrained artificial intelligence strategy may pay off in 2026 amid the arrival of a revamped Siri and concerns around the AI market "bubble" bursting, The Information argues. The speculative report notes that Apple has taken a restrained approach with AI innovations compared with peers such as OpenAI, Google, and Meta, which are investing hundreds of billions of dollars in data...
Clicks Communicator Feature

'Clicks Communicator' Unveiled — Will You Carry This With Your iPhone?

Friday January 2, 2026 6:35 am PST by
The company behind the BlackBerry-like Clicks Keyboard accessory for the iPhone today unveiled a new Android 16 smartphone called the Clicks Communicator. The purpose-built device is designed to be used as a second phone alongside your iPhone, with the intended focus being communication over content consumption. It runs a custom Android launcher that offers a curated selection of messaging...
apple fitness 2026 1

Apple Teases 'Something Big' Coming Soon to Apple Fitness+

Tuesday December 30, 2025 2:11 pm PST by
The Apple Fitness+ Instagram account today teased that the service has "big plans" for 2026. In a video, several Apple Fitness+ trainers are shown holding up newspapers with headlines related to Apple Fitness+. What's Apple Fitness+ Planning for the New Year? Something Big is Coming to Apple Fitness+ The Countdown Begins. Apple Fitness+ 2026 is Almost Here 2026 Plans Still Under ...
Mac Pro Feature Blue

What's Happening With the Mac Pro?

Wednesday December 31, 2025 9:59 am PST by
Apple hasn't updated the Mac Pro since 2023, and according to recent rumors, there's no update coming in the near future. In fact, Apple might be finished with the Mac Pro. Bloomberg recently said that the Mac Pro is "on the back burner" and has been "largely written off" by Apple. Apple apparently views the more compact Mac Studio as the ideal high-end pro-level desktop, and it has almost...
macbook air march 2020

Apple Says Final Intel MacBook Air and Apple Watch Series 5 Now 'Vintage'

Wednesday December 31, 2025 8:39 am PST by
Apple today added the final 13-inch MacBook Air powered by Intel processors, the Apple Watch Series 5, and additional products to its vintage products list. The iPhone 11 Pro was also added to the list after the iPhone 11 Pro Max was added back in September. The full list of products added to Apple's vintage and obsolete list today: MacBook Air (Retina, 13-inch, 2020) iPhone 8 Plus 128GB ...
Apple Fitness Plus hero

Apple Announces New Fitness+ Workout Programs, Strava Challenge, and More

Friday January 2, 2026 6:43 am PST by
Apple today announced a number of updates to Apple Fitness+ and activity with the Apple Watch. The key announcements include: New Year limited-edition award: Users can win the award by closing all three Activity Rings for seven days in a row in January. "Quit Quitting" Strava challenge: Available in Strava throughout January, users who log 12 workouts anytime in the month will win an ...
iphone 17 pro dark blue 1

iPhone 17 Pro and Pro Max Users Report Static Speaker Noise While Charging

Tuesday December 30, 2025 10:39 am PST by
iPhone 17 Pro and Pro Max owners are having trouble with the speakers of their devices, and have complained about a static or hissing noise that occurs when the iPhone is charging. There are multiple discussions about the issue on Reddit, the MacRumors forums, and Apple's Support Community, where affected users say there is a noticeable static noise "like an old radio." Some people report...

Top Rated Comments

Glideslope Avatar
62 months ago
Just purge Facebook from this planet.
Score: 39 Votes (Like | Disagree)
ch02ce Avatar
62 months ago
Epic games has a logo - must we see these characters again and again?
Score: 36 Votes (Like | Disagree)
PJWilkin Avatar
62 months ago
If they refuse again, add Zuckerberg to the list
Score: 23 Votes (Like | Disagree)
benshive Avatar
62 months ago
Facebook is just pissed and retaliating because Apple's going to let people decide not to be tracked in an upcoming version of iOS. Not surprising given the company's apparent aversion to respecting their user's privacy and personal data in the slightest.
Score: 21 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
62 months ago
Facebook- you are becoming a joke.

Plan on moving ur whole operation to planet MARS.

Facebook is so useless.
Score: 14 Votes (Like | Disagree)
Ursadorable Avatar
62 months ago
The ONLY good thing that came out of Epic was Unreal and the Unreal Engine. Nothing good has come out of Facebook period. If both companies disappeared tomorrow, I wouldn't shed a tear.
Score: 13 Votes (Like | Disagree)