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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

Discovery
modern pretrial procedure by which one party gains information held by the adverse party, concerning the case; the disclosure by the adverse party of facts, deeds and documents that are exclusively within his or her possession or knowledge and that are necessary to support the other party's position. Common types of discovery are depositions, interrogatories, production of documents and requests for admissions.
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.
Request for Production
a formal discovery tool in which one party asks someone/something else to provide legally-pertinent information.
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

Rule 34 Fed. R. Civ. P. | Producing Documents; Electronically Stored Information...
(a) IN GENERAL. A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control:
(A) any designated documents or electronically stored information — including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations — stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

(B) any designated tangible things; or
(2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
(b) PROCEDURE.
(1) Contents of the Request. The request:
(A) must describe...;

(B) must specify...; and

(C) may specify...
(2) Responses and Objections.
(A) Time to Respond. The party to whom the request is directed must respond...

(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...
(i)...;

(ii)...; and

(iii)...
(c) NONPARTIES. As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection.

Rule 1.350 Fla. R. Civ. P. | Production of Documents and Things and Entry Upon...
(a) Request; Scope. Any party may request any other party
(1) to produce and permit the party making the request... to inspect and copy any designated documents... from which information can be obtained... by the party to whom the request is directed... into reasonably usable... and that are in the possession, custody, or control of the party to whom the request is directed;

(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).
(b) Procedure. Without leave of court the request may be served on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading on that party.
The request shall set forth the items to be inspected....

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...
(c) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.

(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

Duval County (Florida)
# PDF Comments
001logoAdobeTBD Case | 2024 | §1981; §760; EPA; Title VII; | Post-Termination Retaliation; Fake Interview; etc..iconPriceTag
USNYWD Cases
#PDFComments
201logoAdobe2007 | Attorney Filing | Instructions + Definitions Included; Employment Discrimination; Boilerplate RequestsiconPriceTag
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DOAH Cases
#PDFComments
301logoAdobe2020 | Attorney Filing | Instructions + Definitions Included; Employment Discrimination; Failure-to-Hire;iconPriceTag
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IV. Templates

# Link Comments
1iconMSWordReplace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag
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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.
  • 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

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:
      1. for the nonsense; and
      2. 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

A Request for Production should help you get the evidence that you'll need to win your case.

With the use of the templates (as well as the samples above), you can more easily accomplish this important task.

...POINTS & THINGS...

Congratulations! You're now booked up on how to create a Request for Production of Documents!

As always - please get the justice you deserve.

Sincerely,



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Pages That You
Might Also Like
Guide: Case Management Report
Handbooks: Discovery
Analysis: Demographics
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Sell™

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Shop™ Now

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get the justice that he/she deserves!

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