Request for production
Encyclopedia
A request for production is a legal request for documents, electronically stored information, or other tangible items. In civil procedure
, during the discovery
phase of litigation, a party to a lawsuit
may request that another party provide any documents that it has that pertain to the subject matter of the lawsuit. For example, a party in a court case may obtain copies of e-mail
messages sent by employees of the opposing party.
The responding party is required to furnish copies of any documents that are responsive to the request, except for those that are legally privileged. Responding party also can submit a response to the requestor explaining why the documents cannot be produced, for example: when the documents have been destroyed, or would be unduly burdensome to produce, or not in possession of the party. However, the requestor then may file a Motion to Compel
Discovery to still obtain the documents.
The rules governing requests for the production of documents vary from jurisdiction to jurisdiction; in the U.S. Federal court system
, such requests are governed by Rule 34 of the Federal Rules of Civil Procedure
.
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, during the discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
phase of litigation, a party to a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
may request that another party provide any documents that it has that pertain to the subject matter of the lawsuit. For example, a party in a court case may obtain copies of e-mail
E-mail
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
messages sent by employees of the opposing party.
The responding party is required to furnish copies of any documents that are responsive to the request, except for those that are legally privileged. Responding party also can submit a response to the requestor explaining why the documents cannot be produced, for example: when the documents have been destroyed, or would be unduly burdensome to produce, or not in possession of the party. However, the requestor then may file a Motion to Compel
Motion to compel
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses...
Discovery to still obtain the documents.
The rules governing requests for the production of documents vary from jurisdiction to jurisdiction; in the U.S. Federal court system
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, such requests are governed by Rule 34 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
.