EXAMPLE: Alina gets into an accident when her rear wheels stop for no reason, causing the car to skid into a highway divider. In her lawsuit against the car manufacturer, Alina uses the discovery procedure to obtain memos and test run results that the manufacturer used in designing the car. Without discovery, Alina may not be able to acquire that information.
How to Create/Draft a Request for Production
| Background: | You've got a lawsuit, and you need evidence from someone/something |
| Problem: | You don't know how to make such a discovery request |
| Solution: | You create & send a 'Request for Production' (with help from this guide) |
I. Definitions
EXAMPLE: John Doe sues Company XYZ for employment discrimination. In order to win his lawsuit, Mr. Doe needs to collect [relevant] information - from a variety of sources. One such source is Company XYZ (itself); who has Mr. Doe’s personnel records. Thus, Mr. Doe sends Company XYZ an RFP; thereby asking the employer to provide his personnel records (among other things).
II. Legal Citations
(B) any designated tangible things; or
(B) must specify...; and
(C) may specify...
(B) Responding to Each Item. For each item or category, the response must either state...
(C) Objections. An objection must state whether...
(D) Responding to a Request for Production of Electronically Stored Information. The response may state...
(E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered...
(ii)...; and
(iii)...
(2) to inspect and copy, test, or sample any tangible things... that are in the possession, custody, or control of the party to whom the request is directed; or
(3) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served... within the scope of rule 1.280(b).
The request shall specify...
The party to whom the request is directed shall serve a written response within 30 days...
The court may allow a shorter or longer time.
For each item or category the response shall state...
If an objection is made...
When producing documents, the producing party shall....
A request for electronically stored information may specify...
If the responding party objects to a requested form...
If a request for electronically stored information does not specify the form...
The party submitting the request may move for an order...
(d) Filing of Documents. Unless required by the court, a party shall not file any of the documents or things produced with the response...
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 001 |  | TBD Case | 2024 | §1981; §760; EPA; Title VII; | Post-Termination Retaliation; Fake Interview; etc.. |  |
| # | Comments | ₧ | |
|---|---|---|---|
| 201 | | 2007 | Attorney Filing | Instructions + Definitions Included; Employment Discrimination; Boilerplate Requests | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
| # | Comments | ₧ | |
|---|---|---|---|
| 301 | | 2020 | Attorney Filing | Instructions + Definitions Included; Employment Discrimination; Failure-to-Hire; | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
| ...more template versions are available... so, hit the like button to encourage TBD to add additional versions! | |||
V. Application
- Direct Delivery: Send your RFP directly to the person who you are requesting the material from.
- No Docket Requirement: Most tribunals do not require you to notify the Court [of your RFP submission]:
- For instance: at USFLND, the Court explicitly tells litigants to exclude the Court from the RFP transmissions:
(A) Discovery Materials Not To Be Filed; Exceptions. A party may conduct discovery but must not file a discovery request or response or a deposition transcript unless: (1) the Court orders the filing;
(2) the material is needed for determination of a pending motion or issue; or
(3) the material is admitted into evidence at a trial or hearing.
- For instance: at USFLND, the Court explicitly tells litigants to exclude the Court from the RFP transmissions:
- Await Conference (Federal): Wait - until after your Case Management Conference - to send your RFP
- Reason: discovery does not commence until after your CMC
- Detail: Of course, you will set your discovery schedule at your CMC
- Here's a How-To Guide
VI. Quick Commentary
- Brace Yourself for your Opponent's Tomfoolery
- Attorneys engage in loads of hijinks/delays/baloney when responding to discovery requests (via objections, protective orders, quashes, etc.). So - most likely - your opponent will treat your RFP just the same.
- Therefore, be prepared:
- for the nonsense; and
- to respond appropriately (ie, via a motion to compel, etc.)
- Take Note of the Legal Jargon, But Don't Sweat It
- Within the template (see Part IV - above), you'll probably find that the Instructions (and Definitions) contain a lot of legalese
- Although it may seem excessive, it's there to protect you from your opponent's [forthcoming] tomfoolery
- TBD compiled it (from hundreds of discovery documents) to help you streamline your lawsuit
- Download as many sample documents as you'd like
- Hit the Like button to encourage TBD to upload more free samples
- Contact TBD for more/specific free samples
- learn about TBD's point system
- Also, feel free to use the templates (see Part IV - above) to help draft your 'Request for Production of Documents'
- Save the final version as a PDF file.
- Send it to the person/organization that possesses the material that you're requesting
VII. Additional Resources
VIII. Bibliography
IX. Conclusion
With the use of the templates (as well as the samples above), you can more easily accomplish this important task.
...POINTS & THINGS...
As always - please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
