Sample Request For Production of Documents

Documents can win cases.  So it is never too soon to start planning document discovery.  These sample requests are both boilerplate and carefully tailored to the individual case.  You need both.

Federal Rule of Civil Procedure 34 is the mechanism parties utilize to request documents and electronically stored information (ESI) ESI from an opposing party.

Subsection (b) of Rule 34 tells us that a requesting party “must describe with reasonable particularity each item or category of items” sought and “must specify a reasonable time, place, and manner” for the production.

The cost of production is generally on the responding party but a judge will intervene if she believes that the defendant has an unreasonable burden.   A party who objects to a request for production of documents is required to state the basis for the objection. Boilerplate objections or outright refusals to produce documents will not be permitted.  But lawyers have to assert their clients’ rights.  If you wait until trial, it is too late.

Maryland Rule 2-422

Maryland Rule 2-422 allows the opportunity to require the defendant to produce documents in the defendant’s possession that relate to the car or truck accident.

Subsection (b) provides that the request must set forth the items to be inspected, ”either by individual item or by category, and shall describe each item and category with reasonable particularity.”

This language tracks the language used in Rule 34. There is no limit in Maryland on the number of requests a personal injury lawyer can make. (Everyone seems to think it is 30. It is not. You will see in our sample request for production of documents above, our lawyers sometimes make over 100 requests.)

The defendant has 30 days in Maryland (33 if sent by mail) after service of the request unless the request is served before the date Defendant’s initial pleading or motion is required, in which case the responding party has until 15 days after the time for responding to the initial pleading. Because our lawyers file the bulk of our RFPD with the Complaint, the latter rule is usually applicable.

The defendant must provide a response stating whether he/she/it will comply with the request. Specific grounds or reasons must be given with some specificity explaining why the request for documents is overly broad or the reasons why having to produce the documents would be unduly burdensome.

Defense lawyers, particularly in serious injury cases typically object to document requests initially because it takes real effort from the defendant’s attorney to comply with the request. Smart counsel stays on the defendants to ensure compliance with their discovery obligations.

• Discovery samples, including depositions, interrogatories, requests for production of documents, etc.)
• Trial documents (transcripts, jury instructions, you name it)

Electronic Discovery

In 2022, more than 99% of information now being created is housed electronically. Personal injury attorneys have to do a good job from the beginning of the case to figure out what electronic discovery
they need and how the defendant is going to produce it.

The big thing is to make sure you are asking the right questions to elicit information on how the records are stored and how to get to them. You also really need to make sure you are accepting little at face value.

Most defense lawyers reflexively tell you that producing the electronic information you need is just too difficult to pull up. Too many plaintiffs’ lawyers, and ultimately, judges, accept these excuses because they don’t fully appreciate the technology to see through the nonsense.

• Court ruling on cell phone records production
• Motion to compel production of records from Microsoft

Getting Help (or Co-Counsel) for Your Case

If you are looking for assistance in handling your personal injury case, call 800-553-8082 or get a free online no-obligation consultation. This offer is both for potential clients and referring lawyers throughout the United States. Our firm handles only serious personal injury accident, malpractice, and product liability case. But, we are nice people! So we will offer direction on any tort case.