Also known as: request for production · requests for productions · RFP · RFPs · discovery request
Written by attorneys · grounded in primary & secondary sources — see below
A discovery device by which one party requests another party to produce documents and electronically stored information within its possession, custody, or control that are relevant to the claims or defenses in the action.
Roberto Reyes served Rocky Mountain Mining with a request for production seeking every internal email sent by any employee over a five-year period without narrowing the topics to the contract dispute at issue. The mining company moved for sanctions, arguing the request lacked any reasonable basis tied to the pleaded claims. The court granted the motion and limited the scope of production.
Regina Robinson's attorney prepared a set of requests for production but omitted the required signature block containing her address and contact information. Rocky Mountain Mining refused to respond until the signature was supplied. The court later held that the unsigned requests did not trigger any obligation to produce.
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Ricardo Rojas served Raven Logistics with requests for production of every customer contract in its files solely to drive up litigation costs and force a settlement. Raven moved for a protective order. The court found the requests were interposed for an improper purpose and shifted the costs of compliance to Rojas.
Rina Rahman sought production of internal White House communications through requests directed at senior executive officials in a separation-of-powers dispute. The government resisted on privilege grounds. The court balanced the discovery needs against executive confidentiality before ordering limited production.
Raphael Rivera requested production of emails stored on legacy backup tapes held by Redline Automotive. The company argued restoration would be unduly expensive. The court ordered a sample restoration and cost-shifting analysis before requiring full production of responsive documents.
Ralph Richardson served requests for production seeking corporate records to establish personal jurisdiction over an out-of-state defendant. The defendant moved to quash. The court permitted limited jurisdictional discovery while reserving the ultimate jurisdictional question.
The request must describe the documents sought with reasonable particularity by category so the responding party knows exactly what to produce. Vague or overbroad demands that amount to a fishing expedition are improper.
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Yes. Rule 26(g) requires every discovery request to be signed by at least one attorney of record, who thereby certifies that the request is warranted by law, not interposed for an improper purpose, and not unduly burdensome.
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Yes. Requests for production routinely encompass electronically stored information, and courts may order sampling or cost-shifting when restoration of backup media is required.
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Making a frivolous discovery request violates professional conduct rules and can result in sanctions, protective orders, or cost-shifting against the requesting party.
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…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…