Discovery
Written Discovery
A request for production directs a party to produce items within its possession, custody, or control. It reaches documents, ESI, and tangible things, and may also request entry onto land for inspection.
Responses must state whether production will be made as requested, produce the responsive material, or state objections with specificity, including whether anything is being withheld on the basis of an objection.
Alternative Names:
RFP, Document Request, Request for Documents
Why it Matters?
Document production is the largest cost center in discovery and the source of most sanctions exposure. The 2015 amendments require stating whether material is withheld under an objection, which eliminated the practice of objecting and producing selectively without disclosure. Requests should specify format for ESI, since failing to do so leaves the choice to the producing party.
Frequently Confused with
Related terms
Frequently asked questions
What does possession, custody, or control mean?
Must a party say what it is withholding?
