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Discovery: Responding to Requests for Production or Inspection


Responding to Requests for Production or Inspection

Requests for production may be used to inspect and copy documents or tangible items held by the other party. Generally, a request for production asks the responding party to make available the original documents, but a requesting party may request that photocopies be sent instead, if inspection of the original document is not necessary. Although these requests are most commonly used to obtain copies of documents, these requests can be used to test, measure, photograph, etc., any type of physical evidence in the other party's possession or control.

The requests you receive should include very specific information about what you are being asked to do, such as sending photocopies of documents to the other party; delivering original documents to a specific location, such as a copy shop, at a particular date and time; or allowing the other party to inspect documents or things in their current location at a specific time. The requests will also include a list of documents or things, or categories of documents or things, you are asked to produce or allow to be inspected.

Your response to a request for production consists of two parts. One part is a written response to the requests, in which you state under penalty of perjury what you will produce, or what you will not produce and why.

The second part of your response is the actual production of the requested documents or things. The requests for production will specify the manner in which documents and things must be produced. You may be asked to provide photocopies of documents with your written responses, to bring documents or things to a specific location for inspection, testing or photocopying, or allow the other party to inspect items in their current location. The date and location for the physical production will be indicated in the requests.

FORMS

There is no Judicial Council form for this procedure. Instead, the relevant document must be typed on 28-line pleading paper. A customizable template may be downloaded from this link:

Click here to download this Guide, with step-by-step instructions, including sample forms.