Request for Production

What is a Request for Production?

A Request for Production is a formal discovery device utilized in civil litigation to obtain physical evidence from another party to a lawsuit. Governed by rules of civil procedure, this written request directs the receiving party to provide specific documents, electronically stored information, or tangible items for inspection and copying. Litigants use this tool to uncover facts, evaluate the strength of the opposing party's claims, and prepare evidence for trial. The scope of the request is limited to nonprivileged matters that are relevant to any party's claim or defense.

Scope and Legal Framework

Under federal and state civil procedure rules, the scope of discovery is broad but bounded by relevance and proportionality. Parties use this mechanism to obtain a wide array of materials to build their legal arguments:

• Federal Rules of Civil Procedure Rule 34 - Governs the procedures for requesting the production of documents, electronically stored information, and tangible items in federal civil actions (Fed. R. Civ. P. 34).
• Relevance Standard - Permits discovery regarding any nonprivileged matter that is relevant to any party's claim or defense (Fed. R. Civ. P. 26(b)(1)).
• Proportionality Requirement - Mandates that discovery must be proportional to the needs of the case, considering the stakes, resources, and importance of the issues (Fed. R. Civ. P. 26(b)(1)).

Types of Materials Requested

A civil litigant can request several categories of items to support their claims or defenses during the discovery phase of litigation:

• Paper Documents - Physical records, including contracts, correspondence, medical records, financial statements, and handwritten notes.
• Electronically Stored Information - Digital data such as emails, text messages, spreadsheets, databases, and metadata.
• Tangible Objects - Physical items of evidence, including defective products, machinery parts, or biological samples.
• Property Access - Requests to enter designated land or other property to inspect, measure, survey, photograph, or test the property or any designated object on it.

Requirements for Drafting a Request

To ensure a Request for Production is legally enforceable, the drafting party must adhere to specific structural and procedural requirements:

• Written Format - All requests must be made in writing and served on the opposing party or their legal representative.
• Reasonable Particularity - The requesting party must describe each item or category of items to be inspected with reasonable detail.
• Reasonable Time and Place - The request must specify a reasonable time, place, and manner for the inspection and performing the related acts.
• Form of Production - The requesting party may specify the form or forms in which electronically stored information is to be produced.

Electronically Stored Information Guidelines

The expansion of digital communications has made electronically stored information a primary focus of modern discovery. Parties must follow precise guidelines when requesting and producing digital files:

• Native Format Production - Parties should produce electronically stored information in its native format or a format as close to native as practicable to preserve usability.
• Email Thread Preservation - Email productions must include metadata, sender and recipient information, timestamps, and any attachments associated with the messages.
• Database Extraction - Complex databases should be produced in queryable formats or delimited text files accompanied by data dictionaries.
• Metadata Integrity - Litigants must avoid altering metadata, such as creation dates and author identities, during the collection and transmission process.

Responding to a Request for Production

Upon receiving a Request for Production, the responding party has a legal obligation to respond within a designated timeframe. The response must address each individual request:

• Written Response Timeline - The responding party must serve a written response within 30 days after being served with the request (Fed. R. Civ. P. 34(b)(2)(A)).
• Statement of Consent or Objection - For each item or category, the response must state that inspection will be permitted or state the specific grounds for objecting to the request.
• Privilege Log - If documents are withheld based on attorney-client privilege or work-product protection, the responding party must provide a privilege log detailing the withheld items.
• Duty to Search - The responding party must conduct a diligent and reasonable search of all sources within their possession, custody, or control.

Frequently Asked Questions

Sources

• Standard Requests for Production of Documents - Provides a standard form for requests for production of documents in civil cases.
• DISCOVERY: REQUESTS FOR PRODUCTION OF DOCUMENTS (RULE 34) - Explains the process and requirements for serving requests for production of documents under Rule 34 of the Federal Rules of Civil Procedure.
• Requests for Production - Sample Instructions for Form of ESI - Provides sample instructions for producing electronically stored information (ESI) in response to requests for production.