Below is a sample request for production of documents in a motor vehicle crash case that later settled for $750,000.
This is a general first set request for admissions that is narrowly tailored to the specific facts of the case. Near the end of discovery, it is wise to send out a more case-specific set to tie up any loose ends and follow-up on information obtained over the course of discovery.
- More sample request for production of documents
IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND
AMY WHITE,
- Plaintiff
v
BOBO HARMON, et al,
- Defendants
CASE NO.: 05-C-06-6511
Plaintiff’s Request for Production of Documents to Defendants
TO: BOBO HARMON and JACK HARMON, Defendants
FROM: AMY WHITE, Plaintiff
You are requested to file within thirty (30) days a written response to request on the (attached Document Schedule) and to produce those documents for inspection and copying on
More Information
- More example discovery
- Sample demand letter
- Sample trial transcripts
- Sample Complaints
- Your written response shall state for each item or category, that inspection-related activities will be permitted as requested, unless the request is refused (if this is the case, please state basis for refusal and, if the refusal relates to part of an item or category, identify the part so we can worth together to best deal with it).
- Per the Maryland Rules, the documents shall be produced as they are covered in the usual course of business or you shall organize and label them to correspond with the categories in the request.
- These requests shall encompass all items within your possession, custody, or control.
- These requests are continuing in character, requiring you to promptly amend or supplement your response if you obtain further material information.
- If in responding to these requests you encounter any ambiguity in construing any request, instruction, or definition, set forth the matter deemed ambiguous in the construction used, in responding.
DEFINITIONS
As used in these requests, the following terms are to be interpreted under these definitions:
- The term "person" includes any individual, joint-stock company, unincorporated association or society, municipal or other corporation, state, which agencies or political subdivisions, and court, or any other governmental entity.
- The terms "you" or "your" include the persons to whom these requests are addressed, and all that person's agents, representatives, or attorneys.
- In accordance with the Maryland Rules, the terms, "document" or "documents" includes all writings, drawings, graphs, charts, photographs, recordings, and any other data computations from which information can be obtained, translated, if necessary by (you), through detection devices, into a reasonably usable form.
- The term "occurrence" means the incident complained out in the Plaintiff's complaint, specifically the car accident involving the parties on November 10, 2020.
DOCUMENTS TO BE PRODUCED
- All documents identified in your answers to Interrogatories.
- All written, recorded, and/or signed statements of any person, including the Plaintiffs, Defendant, witnesses, investigators, or any agent, representative, or employee of the parties, concerning the subject matter of this action.
- All photographs, videotapes or audiotapes, x-rays, diagrams, medical records, surveys, or other graphic representations of information concerning the subject matter of this action, the Plaintiffs, or other damage.
- Any documents which afforded liability insurance for the incident which is the subject matter of the Plaintiffs' Complaint.
- Any documents received under any subpoena request of any party.
- Any document prepared during the regular course of business as a result of the incident complained of in the Plaintiffs' Complaint, including recorded statements of witnesses and persons involved in the subject collision.
- All maintenance records concerning the vehicle and equipment used by Defendant on the date of the accident for the two (2) years before the accident.
- Any invoices, logs, sales receipts, itineraries, or schedules for Defendant if Defendant was driving and operating equipment in the scope of his employment.
- Your cell phone records, including call logs and data usage logs, for the day of the accident.
EXPERT WITNESS DOCUMENTATION
- All written reports, and drafts, of each person whom you expect to call as an expert witness at trial.
- All documents upon which any expert witness you intend to call at trial reviewed to form any opinions.
- The most recent resume or curriculum vitae of each expert whom you expect to call as an expert witness at trial.
- Any list of cases maintained by any expert witness identified in which the witness has testified as an expert at trial or by deposition.
- All written reports, including drafts, of each expert you intend to call at trial.
- All notes, diagrams, photographs, medical records, medical bills, medical literature, case studies, research articles, x-rays, radiological films, or any other documents prepared or reviewed by each person whom you expect to call as an expert witness at trial.
- All bills or invoices generated by each expert witness for performing expert witness services for you in this case, including but not limited to, the fees for the medical examination, the records review, the pretrial preparation, any telephone conference, any trial testimony anticipated, and any other fee or bill paid by the Defendant for forensic services.
- Any correspondence, including e-mails, etc., exchanged between representatives for Defendant and each expert.
- The current fee schedule for each expert whom you expect to call as an expert witness at trial.
- 1099 forms for each expert witness sent by any insurance company or law firm that compensated the expert for forensic work performed for the last two years.
- Quickbooks, Quicken, Timeslips, or any other accounting documents that demonstrate each of Defendant's expert's fees associated with forensic work.
- Tax returns for the past three years documenting payments from any insurance company to each expert whom you expect to call as an expert witness at trial.
- Each publication, treatise, book or chapter thereof, literature, studies, academic or scholarly articles, journals, papers, pamphlets, peer-reviewed articles, or other documents in your possession, custody, or control which you or your experts will use as evidence that Plaintiff's injuries were not caused, or not exacerbated, by the Incident. (If the document is protected by copyright, disclosure of the identity of the document, e.g., via identification in an expert's report, will suffice).
- Every publication, treatise, book or chapter thereof, literature, studies, academic or scholarly articles, journals, papers, pamphlets, peer-reviewed articles, or other documents which you or your experts will use as evidence that Plaintiff's injuries were not caused, or not exacerbated, by the Incident. (If the document is protected by copyright, disclosure of the identity of the document, e.g., via identification in an expert's report, will suffice).
- Every publication, treatise, book or chapter thereof, literature, studies, academic or scholarly articles, journals, papers, pamphlets, peer-reviewed articles, or other documents which is part of the whole of the foundation for the opinion, which you or your experts will use as evidence that Plaintiff's injuries were not caused, or not exacerbated, by the Incident. (If the document is protected by copyright, disclosure of the identity of the document, e.g., via identification in an expert's report, will suffice).
- Any document that you may introduce into evidence or refer to at trial.
It is requested that the aforesaid production be made within thirty (30) days of service of this request at the offices of Law Offices of Miller & Zois, LLC, 1 South St, #2450, Baltimore, MD 21202.
Respectfully submitted,
Miller & Zois, LLC
Ronald V. Miller, Jr.
Laura G. Zois
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
(410)760-8922 (fax)
Attorneys for the Plaintiff
In litigation with voluminous documents, requests for production and the required responses can become mired in confusion. The discovery plan should anticipate the possibility of overlooked requests, costly responses, obscured failures to respond, and uncertainty about the specifics of requests and production.
After Serving Requests for Production of Documents
Defense lawyers often do not produce all the sought documents that could lead to admissible evidence. Usually, this is by mistake but it can be intentional, too.So good lawyers anticipate this by looking for possible missing documents, what should be there that is not. Also, fight back on any efforts to claim privilege by making sure they fully explain the basis for attorney-client privilege or work product.
Authenticate the Records You Need for Trial
You want to establish the foundation for admission of documents you want to present to the jury long before trial. Use request for admissions to get these admissions and, if that fails, make sure you have witnesses who can properly authenticate the documents.
FAQs
I am producing all of the requested documents that exist. I am producing all of the requested documents in my possession. I have requested copies of additional documents and expect to produce them by ___________________________ (date).
What is response to request for production? ›
Generally, a request for production of documents asks the responding party to make available the original documents, but the propounding (asking) party may request that photocopies be sent instead, if inspection of the original document is not necessary.
How long do you have to respond to request for production of documents in California? ›
If you received the request in the mail, and both you and the sender are in California, you have 35 days from the day of mailing to respond. If you or the sender is outside of California, but in the United States, you will have 40 days from the day of mailing to respond.
How do you respond to a request for admissions? ›
If you receive a Request for Admissions, you must respond within 30 days unless the court states otherwise. Usually, the opposing party sends the request directly to your mail. Similarly, you should send your response back to the other party through the mail and not to the court responsible for the lawsuit.
How long do you have to respond to a request for production in Florida? ›
Service of Requests and Time for Responses
Responses to requests for production are due within 30 days after service, except that a defendant may serve a response within 45 days after service of the initial pleading and process on that defendant.
What is the best way to respond to the request? ›
Instead of yes, you can say:
- Yes I can/Yes, sure thing.
- Yes of course!/Of course I will.
- Yes I can. It's this way.
- Sure. It's 10am.
- Sure thing!
- I can certainly do that for you.
- Yes here you go!/Sure, here you go.
- OK I will.
If you have received requests to produce, you have thirty days to prepare your written responses (unless the court has ordered something else). You do not file your written responses with the court. You simply mail the original back to the other side.
How long do you have to respond to an answer in California? ›
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
How do you object to Request for Production of documents? ›
You can write back to the person making the request and explain why you are objecting. You must have a valid reason to object to giving the other party the documents.
How many requests for admissions are allowed in California? ›
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In an unlimited civil case (cases over $25,000), each party may make 35 requests for admission. Any number over 35 may be asked if the request contains a declaration of necessity, a sworn statement in which the party or attorney declares under penalty of perjury that additional discovery is required.
Ask for a court order
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer.
Do responses to requests for admission need to be verified? ›
This phase of litigation is called “Discovery.” Requests for Admissions are used to ask a party to admit or deny facts of the case, or confirm whether a document is authentic. If admitted as true or authentic, these facts and documents do not need to be proven or authenticated at trial.
Can you object to a request to produce? ›
You can object to a request for production of documents. One common objection is that the request is to “burdensome”. For example, the plaintiff is requesting 10 years of all your financial records. It's complicated to know when to object.
How long do you have to respond to request for information? ›
Your main obligation under the Act is to respond to requests promptly, with a time limit acting as the longest time you can take. Under the Act, most public authorities may take up to 20 working days to respond, counting the first working day after the request is received as the first day.
What is the rule for requests for production in Florida? ›
Any party may request any other party (1) to produce and permit the party making the request, or someone acting in the requesting party's behalf, to inspect and copy any designated documents, including electronically stored information, writings, drawings, graphs, charts, photographs, audio, visual, and audiovisual ...
How do you professionally say please respond? ›
“As this matter is urgent, I would appreciate a reply as soon as possible.” “I would be grateful for your prompt reply.” “I look forward to hearing from you as soon as possible.” “I look forward to hearing from you at your earliest convenience.” (Slightly old-fashioned.)
How do you respond professionally? ›
11 tips for answering emails professionally
- Use a professional email signature. ...
- Use proper grammar and spelling. ...
- Be clear and concise. ...
- Be polite. ...
- Use positive language. ...
- Avoid using slang or abbreviations. ...
- Don't forget to say thank you! ...
- Follow up as needed.
Here are 17 tips to keep in mind when preparing to answer difficult questions effectively and constructively:
- Prepare for tough questions. ...
- Pause before responding. ...
- Monitor your body language. ...
- Reword the question. ...
- Take more time if you need to. ...
- Acknowledge the other person's emotions. ...
- Answer a portion of the question.
Thank you for your email requesting the [document name]. I am happy to provide you with a copy of the document. Please find attached a copy of the [document name]. If you have any trouble opening the attachment, please let me know and I will be happy to provide an alternative format.
How do you respond when you don t know the answer to a question? ›
How to respond when you don't know the answer to a question
- Stay calm. ...
- Ask clarifying questions. ...
- Share what you do know. ...
- Be honest. ...
- Express your desire to learn. ...
- Be punctual. ...
- Prepare copies of your resume and cover letter. ...
- Make a list of questions to ask the interviewer.
Good ways to say anything but "No Comment" to questions you really don't want to answer:
- "I'm sorry but I'm not able to speak to that subject"
- "Thanks for asking but I'm not able to answer that question"
- "I'm sorry but that information is proprietary"
What Is a Request for Production of Documents? A request for production is a discovery device used to gain access to documents, electronic data, and physical items held by an opposing party in a legal matter. The aim is to gain insight into any relevant evidence that the opposing party holds.
What is a request to produce documents? ›
A Request for Production (also known as a Demand for Inspection) asks the other side to produce and allow copying or inspection and measuring of a document or thing.
What is the meaning of production of documents? ›
Production of documents means to produce or bring forward, show, or exhibit documents deemed to be relevant to a legal action and is in response to a request for production of such documents.
What happens if respondent does not respond California? ›
If you don't file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default. The court could end your relationship or make orders about your property or the custody of your children without your input.
How long do I have to respond to a request for order in California? ›
A Responsive Declaration to the Request for Order must be filed and served with any supporting documents within 9 Calendar days of the hearing.
What happens if a defendant does not answer a complaint California? ›
You Can Lose By Default:
If you don't file a response 30 days after you were served, the Plaintiff can file a form called “Request for Default”. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you.
Can request for production of documents be compound? ›
Thus, a request for production of document may be compound.
What is an overly burdensome objection? ›
* Overbroad and Burdensome—The showing required to sustain this objection is that the intent of the party was to create an unreasonable burden, or that burden created does not weigh equally with what requesting party is trying to obtain from it. See Mead Reinsurance Co. v. Superior Court (1986) CA3d 313.
What is overly burdensome? ›
onerous, burdensome, oppressive, exacting mean imposing hardship. onerous stresses being laborious and heavy especially because distasteful. the onerous task of cleaning up the mess. burdensome suggests causing mental as well as physical strain.
A party may respond to an individual request for admission (RFA) by objecting to all or part of it. CCP §2033.230. The right to object is waived if not stated in a timely response, so it's important to consider objections carefully.
Can you attach documents to request for admissions? ›
(g) A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are directed.
Can you accept multiple admissions? ›
Double depositing means putting down a deposit, and thus accepting admission, at more than one college. Since a student can't attend multiple colleges, it is considered unethical.
Do you have to answer all questions in discovery? ›
Simply put, interrogatories are sets of questions that are asked of each party to a lawsuit. They are part of what's known as written discovery. You do not have to answer the interrogatories with the other side in the room.
What happens if someone lies in discovery? ›
If the party lies repeatedly or has been deliberately dishonest about material facts in the case, the judge may initiate a perjury charge. Even if a party escapes punishment for lying on an interrogatory, the untruth can still hurt the party if it is discovered during trial.
How many requests for production in California? ›
In contrast to interrogatories and requests for admission, which are limited to 35 questions as a "matter of right", there is no limit on demands for production.
What is the rule of 39? ›
Rule 39. Rule 39. Trial by jury or by the court. (2) The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes.
Does a request for admissions admit or deny? ›
In a civil action, a request for admission is a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath. If admitted, the statement is considered to be true for all purposes of the current trial.
What is the rule number 36? ›
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.
What objections can you make to discovery? ›
You may object if the request is asking for your analysis, strategy, or thinking about the case. A discovery request can ask what evidence the person knows, but cannot ask what a person thinks the evidence means. Sometimes called “attorney work product,” and this objection applies equally to self-represented litigants.
Rule 30(a)(2)(A)(i) limits the number of depositions to 10 “by the plaintiffs, or by the defendants, or by the third-party defendants.” In other words, the limit is 10 depositions per each side. The parties can stipulate to exceed this limitation or a party can seek leave of court.
What are valid objections to interrogatories? ›
Generally, interrogatories are objectionable if they seek information that is not within the scope of discovery as defined in Maryland Rule 402 or Federal Rule 26(b). These are typically requests that are not relevant, unduly burdensome, broad, vague, privileged. or protected by the work product doctrine.
How do I refuse a request for information? ›
You should send the requester a written refusal notice. If the request is vexatious or repeated, you need only state that this is your decision; you do not need to explain it further.
What comes after a request for information? ›
The RFI response is the response the vendor will give back to an organization after the initial RFI. More than likely, a vendor will be using a response management platform to respond to RFIs.
How long does a company have to respond to data? ›
If you exercise any of your rights under data protection law, the organisation you're dealing with must respond as quickly as possible. This must be no later than one calendar month, starting from the day they receive the request.
How long do you have to respond to requests for production in Florida? ›
Service of Requests and Time for Responses
Responses to requests for production are due within 30 days after service, except that a defendant may serve a response within 45 days after service of the initial pleading and process on that defendant.
What is a written response to the request for production? ›
Your response to a request for production consists of two parts: One part is a written response to the requests, in which you state under penalty of perjury that you will produce the requested items; that you will not produce and why; or that you object to a request on legal grounds.
How many days do you have to respond to discovery in Florida? ›
Discovery Served with the Statement of Claim / Complaint If a written discovery request is served upon a Defendant contemporaneously with Plaintiff's complaint, Defendant must serve its responses to the discovery within 45 days of the date of service of Plaintiff's Complaint.
What does request for production mean? ›
A Request for Production (also known as a Demand for Inspection) asks the other side to produce and allow copying or inspection and measuring of a document or thing.
What is the difference between a request for admission and a request for production? ›
Requests for production of documents or things, which are written requests that demand the other side provide particular documents or items. (NRCP 34; JCRCP 34.) Requests for admissions, which are written requests that ask the other side to admit or deny certain facts about the case.
In computer science, request–response or request–reply is one of the basic methods computers use to communicate with each other in a network, in which the first computer sends a request for some data and the second responds to the request.
What happens after request for production? ›
When served with the request, the other party is bound to find all of the documents listed in the request within reason. Then, the party must send them to the other party unless an exception applies and the party is not required to deliver the requested documents.
What happens if a party fails to respond to discovery? ›
Ask for a court order
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer.
What is the document production process? ›
The process of delivering, or making available for review, documents in response to a request for documents, such as a request for production and a subpoena. A request for documents may call for the production of paper (hard copy) documents and electronically stored information (ESI).
What is the purpose of request for answers to interrogatories? ›
Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
What is the meaning of requested documents? ›
Requested Documents means the document or documents requested in an access application; Sample 1Sample 2Sample 3.
What is the legal term for requesting documents? ›
A discovery demand is a written request for specific documents that the other party has in his/her possession. In certain cases, you might be able to write a letter to the other side and request the documents that you need. However, in more formal cases, you will likely have to draft more formal discovery demands.
What is the purpose of a request for admission? ›
Use Requests for Admission. A Request for Admission asks the other side in your case to admit that a fact is true or that a document is authentic. If the other side admits that something is true or authentic, you will not need to prove that at trial. This can make your trial faster and less expensive.
What is a answer response? ›
The basic thing to remember is that response is usually more general, and could be more open ended. Answer is more direct or at least it should be, as it's more about a question. Respond can be to many things and answer is typically more direct and to the point.
What is response examples? ›
What is a response? Response: how the organism reacts to a stimulus and results in a change in behavior. (It is a fancy way of saying “effect”.) Example: Getting a drink when you are thirsty.
A POST request requires a body in which you define the data of the entity to be created. A successful POST request would be a 200 response code.
