Also known as: request for production of documents · requests for production · request for production · RFP · RFPs · discovery request · document request
Written by attorneys · grounded in primary & secondary sources — see below
A discovery device by which one party compels another to produce documents and electronically stored information for inspection and copying. The device operates after the pleadings close and allows parties to obtain nonprivileged matter that is relevant to a claim or defense and proportional to the needs of the case.
Roger Ramirez served Ridgeway Partners with requests for production seeking every internal memo from the past decade on unrelated projects. The requests lacked any connection to the pending contract dispute and imposed obvious undue burden. Ridgeway Partners moved for sanctions, arguing the requests violated the duty to avoid frivolous discovery.
Raymond Ramos, counsel for Radiant Technologies, signed and served requests for production on Redline Automotive. The signature included Ramos's address, email, and telephone number. By signing, Ramos certified that a reasonable inquiry supported the requests under the applicable rules.
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Rowan Russell signed requests for production on behalf of Reliance Insurance seeking claim files from Ronald Reed. Russell certified after inquiry that the requests were consistent with the rules, not interposed for harassment, and proportional to the coverage dispute. Reed challenged the certification as lacking substantial justification.
Roberto Reyes, representing a private advocacy group, served sweeping requests for production on federal officials seeking internal deliberative documents. The officials resisted on separation-of-powers grounds. The district court evaluated whether the requests could proceed despite the institutional concerns raised by the executive branch.
Rita Russell requested production of emails stored on backup tapes from her former employer. The employer argued the tapes were not reasonably accessible. The court ordered a limited test restoration of selected tapes to assess cost and relevance before deciding the full scope of production.
Ronald Reed refused to produce documents in response to requests from Ridgeway Partners despite a court order. The court considered whether the refusal justified sanctions that would establish facts against Reed on the central issue in the case. The sanction turned on Reed's control over the requested materials.
The attorney must certify after reasonable inquiry that the request is consistent with the rules and warranted by existing law or a nonfrivolous argument for extension. The certification also requires that the request not be interposed for an improper purpose such as harassment or delay and that it not impose undue burden or expense.
A court may impose sanctions when an attorney makes a frivolous discovery request or fails to make a reasonably diligent effort to comply with a proper request from the opposing party. Sanctions may also follow when the certification lacks substantial justification.
A court must limit discovery that is unreasonably cumulative or whose burden outweighs its likely benefit. Requests that sweep in nationwide data over many years when the dispute concerns a single claim are subject to tailoring so that only relevant and proportional material is produced.
When a party is represented by counsel, an attorney of record must sign every discovery response or objection. A corporate officer may sign only if the party is unrepresented. An unsigned response provides no duty to act and is subject to being stricken.
…attempt to use discovery in order to demonstrate the court’s personal jurisdiction over the excess insurers. Respondent’s first discovery request — asking for “[c]opies of all business interruption insurance policies issued by Defendant during the period from January 1, 1972 to December 31, 1975” — was served on each defendant in…