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Response to Request for Production in Georgia Superior Court – At A Glance

jmoon — Tue, 18 Aug 2009 19:24:23 +0000

Use this At A Glance Guide to learn the Georgia Code related to amended answer in Georgia Superior Court. For more detailed information, please see the SmartRules Response to Request for Production Guide for the court where your action is pending.

Discovery requests may relate to any unprivileged matter relevant to the subject matter of the pending action and relating to a claim or defense of any party. O.C.G.A. 9-11-26(b)(1).

A discovery request is permissible even if the information sought would be inadmissible at trial, as long as the information sought appears reasonably calculated to lead to the discovery of admissible evidence. O.C.G.A. 9-11-26(b)(1).

A party may discover the existence and contents of any insurance agreement under which any person providing insurance might be required to satisfy all or part of any judgment entered in the action or to indemnify or reimburse for payment of such judgment. O.C.G.A. 9-11-26(b)(2).

Unless otherwise ordered by the court, the frequency of use of any discovery method is unlimited. O.C.G.A. 9-11-26(a).

A party who has responded to an discovery request with a response that was complete when made has no duty to supplement his response, except if:

1. The discovery request concerns the identity and location of persons having knowledge of discoverable matters;

2. The discovery request concerns the identity of persons likely to be called as experts at trial, the subject matter on which he is expected to testify, and the substance of his testimony;

3. The party later learns that the response was incorrect when made; or

4. The party learns that the statement is no longer true, and his failure to amend the response would amount to a knowing concealment. O.C.G.A. 9-11-26(e)(1); O.C.G.A. 9-11-26(e)(2).

A duty to supplement responses may be imposed by:

1. Order of the court;

2. Agreement of the parties; or

3. New requests for supplementation of prior responses. O.C.G.A. 9-11-26(e)(3).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Response to Request for Production in Virginia Circuit Court – At A Glance

jmoon — Tue, 18 Aug 2009 19:18:45 +0000

Use this At A Glance Guide to learn the Virginia Supreme Court Rules related to Motion for Protective Order in Virginia Circuit Courts. For more detailed information, please see the SmartRules Response to Request for Production Guide for the court where your action is pending.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect, copy, test, or sample any designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 4:1(b) and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to produce any such documents or electronically stored information to the court in which the proceeding is pending at the time of trial; or (3) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 4:1(b). V.S.C.R. 4:9(a)(eff 1/1/09).

The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, period and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced. V.S.C.R. 4:9(b)(i)(eff 1/1/09).

As a matter of custom and practice, the same caption format used for court-filed documents is used for requests for production.

The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, stating the reasons for the objection. If objection is made to part of an item or category, the part shall be specified and production shall be permitted as to the remaining parts. If objection is made to the requested form or forms for producing electronically stored information or if no form was specified in the request the responding party must state the form or forms it intends to use. V.S.C.R. 4:9(b)(ii)(eff 1/1/09).

A party who produces documents for inspection either shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. V.S.C.R. 4:9(b)(iii)(A)(eff 1/1/09).

Responses to a request for production of electronically stored information shall be subject to the provisions of Rules 4:1(b)(7) and 4:1(b)(8). If a request does not specify the form or forms for producing electronically stored information, or if a responding party objects to the requested form or forms of production, a responding party must produce the information as it is ordinarily maintained if it is reasonably usable in such form or forms, or must produce the information in another form or forms in which it is reasonably usable. A party need not produce the same electronically stored information in more than one form. V.S.C.R. 4:9(b)(iii)(B)(eff 1/1/09).

Production of documents and electronic records sought in Virginia pursuant to a subpoena issued under the authority of a foreign jurisdiction shall be subject to the provisions of the Uniform Interstate Depositions and Discovery Act, Virginia Code 8.01-412.8 through 8.01-412.15. V.S.C.R. 4:9(b)(iv)(eff 7/1/09).

No request to produce shall be served, and no subpoena shall issue, until prior order of the court is obtained when the party upon whom the request is to be served or the person to whom the subpoena is to be directed is the Governor, Lieutenant Governor, or Attorney General of this Commonwealth, or a judge of any court thereof; the President or Vice President of the United States; any member of the President’s Cabinet; any Ambassador or Consul; or any Military Officer on active duty holding the rank of Admiral or General. V.S.C.R. 4:9(c-1).

Patient health records protected by the privacy provisions of Code Section 32.1-127.1:03 shall be disclosed only in accordance with the provisions and procedures prescribed by that statute. V.S.C.R. 4:9(c-2).

If a party fails or refuses to obey an order made under section (b) of this Rule, the court may proceed as provided by Rule 4:12(b)(2). V.S.C.R. 4:9(c)(renumbered eff 1/1/09).

Request for Production in Florida Circuit Court – At A Glance

jmoon — Tue, 18 Aug 2009 19:00:34 +0000

Use this “At A Glance Guide” to learn the Florida Rules of Civil Procedure applicable to amended answer in Florida Circuit Courts. For more detailed information, please see the SmartRules Request for Production guides for the court where your action is pending.

Each demand must designate the documents, tangible things, land, or other property to be inspected either by specifically describing each individual item or by reasonably particularizing each category of item. Fla. R. Civ. P. 1.350(b).

The request shall specify a reasonable time and place and manner of making the inspection or performing the acts. The time shall be at least thirty (30) days after service of the request to produce, except that a defendant may serve a response within forty-five (45) days after the service of the process and the initial pleading on that defendant. The court may allow for a longer or shorter time. Fla. R. Civ. P. 1.350(b).

A party may propound a supplemental demand to inspect any later acquired or discovered documents, tangible things, land, or other property that are in the possession, custody, or control of the party on whom the demand is made subject to the time limits on discovery proceedings in the case. A party who has responded to a request to produce with a response that was complete at the time is under no duty to supplement the response to include after-acquired documents. Fla. R. Civ. P. 1.280(e).

Production of documents by non-parties is accomplished through the subpoena process under Florida Rule of Civil Procedure 1.351. See Seventeenth Circuit Court SmartRules Capsule SUBPOENA.

Response to Request for Production in Illinois Circuit Court–At A Glance

wschneider — Wed, 05 Aug 2009 01:13:17 +0000

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to responses to requests for production in Illinois Circuit Court. For more detailed information, including local rules, on responses to requests for production in a specific Illinois Circuit Court, please see the SmartRules Illinois Circuit Court Request for Production Guide for the court where your action is pending.

Timing:

A request for production must allow a reasonable time for response which may not be less than twenty-eight (28) days absent an order of the court or agreement of the parties. IL Supreme Court R. 214.

Except with leave of court and for good cause shown, no discovery procedure “shall be noticed or otherwise initiated” prior to the time that all defendants have appeared or are required to appear in the action. IL Supreme Court R. 201(d).

Unless the court orders otherwise for the convenience of the parties and witnesses and in the interests of justice, a party may use methods of discovery in any sequence. IL Supreme Court R. 201(e).

Unless the court orders otherwise for the convenience of the parties and witnesses and in the interests of justice, the fact that a party is conducting discovery “shall not operate to delay any other party’s discovery.” IL Supreme Court R. 201(e).

Response to Request for Production Rules:

A party served with a written request to produce or inspect must (1) produce the requested documents as they are kept in the usual course of business or organized and labeled to correspond with the categories in the request, and all retrievable information in computer storage in printed form or (2) serve upon the party so requesting written objections on the ground that the request is improper in whole or in part. IL Supreme Court R. 214.

Where there is no objection to compliance the party served with a request for production must produce the requested items. Documents must be produced as they are kept in the ordinary course of business, or organized and labeled to correspond to the request. All information in computer storage must be produced in printed form. IL Supreme Court R. 214.

A party objecting to requests for production must serve written objections. An objection may be in whole or in part. If the objection is based on a claim that the requested items are not in the responding party’s possession or control, and if the requesting party seeks a hearing on the objections, the responding party may be required to submit to court examination or deposition about the whereabouts of the materials. IL Supreme Court R. 214.

Full disclosure in discovery is required as to any matter relevant to the subject matter involved in the pending action, whether it involves a claim or defense of the party requesting the disclosure or of any other party. Full disclosure includes the “existence, description, nature, custody, condition and location of any documents or tangible things,” as well as “the identity of any persons having knowledge of relevant facts.” IL Supreme Court R. 201(b)(1).

The word “documents” includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications and retrievable information in computer storage. IL Supreme Court R. 201(b)(1).

A party responding to requests for production must “furnish” an affidavit stating whether the production is complete in accordance with the request. Where the request is objected to in part, the remainder of the request must be complied with. IL Supreme Court R. 214.

When a party responding to discovery withholds information or documents from disclosure under a claim of privilege such claim must be expressly made and supported by a description of the nature of the documents, communications or things withheld and the exact privilege claimed. IL Supreme Court R. 201(n).

Discovery materials may not be filed except upon leave of court or as authorized by statute or local rule. IL Supreme Court R. 201(m).

Notwithstanding the above, discovery requests to non-parties must be filed with the court. IL Supreme Court R. 201(o).

Objections to a request for production must be served on the party making the request. IL Supreme Court R. 214.

Response to Request for Production in New York Supreme Court–At A Glance

wschneider — Wed, 05 Aug 2009 00:58:31 +0000

Use this At A Glance Guide to learn the New York rules of civil procedure (New York Civil Practice Law and Rules and Uniform Rules) applicable to responses to requests for production in the New York Supreme Courts. For more detailed information, including local rules, on responses to requests for production in a specific New York Supreme Court, please see the SmartRules New York Supreme Court Response to Requests for Production Guide for the court where your action is pending.

Timing:

The Request for Production or Inspection of Documents must specify within it the time for compliance, which must be at least twenty (20) days. CPLR 3120(2). A party objecting to all or any part of a Request for Production or Inspection must serve a written response stating the objections within twenty (20) days of service of the Request for Production or Inspection. CPLR 3122(a). No additional time is added to this period if service of the Request for Production was made by personal delivery, facsimile or electronic transmission. CPLR 2103(b)(1), (5) and (7).

If the requests were served by overnight delivery add one (1) day to the response period. CPLR 2103(b)(6).

If the requests were served by mail, add five (5) days to the response period. CPLR 2103(b)(2).

The day discovery requests are served is not included when calculating the time to respond. Response time starts running the day after service. Gen. Const. L. 20.

Saturdays, Sundays, and legal holidays are included in the count if they do not fall on the last day of the period. If the last day of the period is a Saturday, Sunday, or legal holiday, the response period runs until the end of the next non-holiday business day. Gen. Const. L. 25. “Legal holidays” include those specified in Gen. Constr. L. 24, plus any others designated by the federal or state government. Gen. Const. L. 24.

Response to Request for Production Rules:

Any objection to a request for production or inspection must state, with reasonable particularity, the reasons for each objection. If an objection is to a single item or category of items, the item or category must be specified within the objection. CPLR 3122(a).

When a request to produce documents for inspection has been issued, the responding party must issue a notice if any documents appearing to be within the scope of the request are withheld. The notice must specify the legal ground for withholding each document. Unless divulgence would cause the disclosure of privileged information, the notice must also state (1) the general subject matter of each withheld document; (2) the type of document; (3) the date of the document and (4) such other information as would necessary to identify the document for subpoena purposes. CPLR 3122(b).

A request for production or subpoena duces tecum may request production or inspection, copying, testing or photographing of any designated documents or any things which are in the possession, custody or control of the party or person served. Or it may request permission to enter upon designated land or other property in the possession, custody or control of the party or person served for the purpose of inspecting, measuring, surveying, sampling, testing, photographing or recording by motion pictures or otherwise the property or any specifically designated object or operation thereon. CPLR 3120(1).

The notice (or subpoena duces tecum) must specify the time for inspection (not less than twenty (20) days after service of the notice or subpoena) and in the case of inspection the place and shall set forth the items to be produced or made available for inspection or copying. Each item or category of items must be described with reasonable particularity. CPLR 3120(2).

The party issuing a subpoena duces tecum as provided hereinabove shall at the same time serve a copy of the subpoena upon all other parties and, within five days of compliance therewith, in whole or in part, give to each party notice that the items produced in response thereto are available for inspection and copying, specifying the time and place thereof. CPLR 3120(3).

If a party fails to comply with or otherwise respond to a request for production or inspection of documents, the requesting party may file a motion seeking to compel compliance or response. CPLR 3124. See Bronx County Supreme Court SmartRules^TM procedural guide: MOTION TO COMPEL DISCOVERY.

The requesting party may also seek sanctions against any party who refuses to obey an order for disclosure or who willfully fails to disclose information that ought to have been disclosed. CPLR 3126.

In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. In the absence of such a stipulation, no party shall file electronically any such materials except in the form of excerpts, quotations, or selected exhibits from such materials as part of motion papers, pleadings or other filings with the court. Uniform R. 202.05b(j).

Discovery requests and responses are not filed with the court.

The party propounding or responding to discovery requests must serve every party to the action. CPLR 3132.

All documents produced in response to a request for production or inspection must be produced as kept in the ordinary course of business or organized and labeled to correspond to the categories in the request. CPLR 3122(c).

Unless the request directs that original documents be made available for inspection and copying at the place where they are maintained, it is sufficient to deliver complete and accurate copies. CPLR 3122(d).

The reasonable production expenses of a non-party witness shall be defrayed by the party seeking discovery. CPLR 3122(d).

Response to Request for Production in California Superior Court–At A Glance

wschneider — Wed, 05 Aug 2009 00:48:05 +0000

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) applicable to responses to requests for production in the California Superior Courts. For more detailed information, including local rules, on responses to requests for production in a specific California Superior Court, please see the SmartRules California Response to Request for Production Guides for the court where your action is pending.

Timing:

Responses to requests for production are due within thirty (30) days (five (5) days in unlawful detainer actions) if the requests were personally served, thirty-five (35) days if the requests were served by mail, and thirty (30) days plus two (2) court days if the requests were served by express mail or facsimile or electronically. CCP § 2031.260(a). (amended eff 6/29/09); CCP § 1013; CRC 2.260 (renumbered eff 1/1/07).

Unless, on motion of the party making the demand, the court has shortened the time for response, or unless on motion of the party to whom the demand has been directed, the court has extended the time for response. CCP § 2031.260(a). (amended eff 6/29/09).

Service may be made by fax on written agreement of the parties. CRC 2.306(a)(renumbered eff 1/1/08). Fax service completed after 5 p.m. is deemed to have occurred on the next court day. CRC 2.306(g)(renumbered eff 1/1/08).

The party demanding inspection, copying, testing, or sampling and the responding party may agree to extend the date for the inspection, copying, testing, or sampling or the time for service of a response to a set of demands, or to particular items or categories of items in a set, to a date or dates beyond those provided in Sections 2031.030, 2031.210, 2031.260, and 2031.280. CCP § 2031.270(a). (amended eff 6/29/09).

This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for inspection, copying, testing, or sampling, or for the service of a response. CCP § 2031.270(b). (amended eff 6/29/09).

Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any item or category of item in the demand to which the agreement applies in any manner specified in Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. CCP § 2031.270(c). (amended eff 6/29/09).

Response to Request for Production Rules:

The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following:

(1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities.

(2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item.

(3) An objection to the particular demand for inspection, copying, testing, or sampling.

CCP § 2031.210(a). (amended eff 6/29/09).

If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information. CCP § 2031.210(d). (eff 6/29/09).

A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production. CCP § 2031.220. (amended eff 6/29/09).

A representation of inability to comply must affirm that a diligent search and a reasonable inquiry has been made. This statement must specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement must set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. CCP § 2031.230. (amended eff 6/29/09).

If only part of an item in a demand is objectionable, the response must contain a statement of compliance, or a representation of inability to comply with respect to the remainder of that item or category. CCP § 2031.240(a). (amended eff 6/29/09).

If the responding party objects to the demand, the response shall do both of the following:

(1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand.

(2) Set forth clearly the extent of, and the specific ground for, the objection. If an objection is based on a claim of privilege, the particular privilege invoked must be stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim must be expressly asserted.

CCP § 2031.240(b). (amended eff 6/29/09).

If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it,the party to whom the demand is directed waives any objection to the demand, including one based on privilege or on the protection for work product. The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.

(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

CCP § 2031.300(a). (amended eff 6/29/09).

The party making the demand may move for an order compelling response to the demand. CCP § 2031.300(b). (amended eff 6/29/09).

The court must impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction. In lieu of or in addition to this sanction, the court may impose a monetary sanction. CCP § 2031.300(c). (amended eff 6/29/09).

Absent exceptional circumstances, the court must not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system. CCP § 2031.300(d)(1). (amended eff 6/29/09).

This subdivision shall not be construed to alter any obligation to preserve discoverable information. CCP § 2031.300(d)(2). (amended eff 6/29/09).

If electronically stored information produced in discovery is subject to a claim of privilege or of protection as attorney work product,the party making the claim may notify any party that received the information of the claim and the basis for the claim. CCP § 2031.285(a). (added eff 6/29/09).

After being notified of a claim of privilege or of protection, a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim. CCP § 2031.285(b). (added eff 6/29/09).

Prior to the resolution of the motion brought under subdivision (d), a party shall be precluded from using or disclosing the specified information until the claim of privilege is resolved. CCP § 2031.285(c)(1). (added eff 6/29/09).

A party who received and disclosed the information before being notified of a claim of privilege or of protection under subdivision (a) shall, after that notification, immediately take reasonable steps to retrieve the information. CCP § 2031.285(c)(2). (added eff 6/29/09).

If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may seek a determination of the claim from the court by making a motion within 30 days of receiving the claim and presenting the information to the court conditionally under seal. CCP § 2031.285(d)(1). (added eff 6/29/09).

Until the legitimacy of the claim of privilege or protection is resolved, the receiving party shall preserve the information and keep it confidential and shall be precluded from using the information in any manner. CCP § 2031.285(d)(2). (added eff 6/29/09).

In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the demanding party. CCP § 2031.210(b). (amended eff 6/29/09).

Each statement of compliance, each representation, and each objection in the response shall bear the same number and be in the same sequence as the corresponding item or category in the demand, but the text of that item or category need not be repeated. CCP § 2031.210(c). (amended eff 6/29/09).

Responses to supplemental requests must include, immediately below the title of the case, the identity of the propounding and responding parties, the set number and the nature of the discovery to which response is made. CRC 3.1000(a) (renumbered eff 1/1/07). Each supplemental response must be identified with the same number or letter and be in the same order as the request to which it responds. CRC 3.1000(b) (renumbered eff 1/1/07).

Within 30 days after service of a demand, the party to whom the demand is directed shall serve the original of the response on the party making the demand, and a copy of the response on all other parties who have appeared in the action, unless on motion the court has shortened or extended the time for response. CCP § 2031.260(a). (amended and renumbered eff 6/29/09).

The inspection demand and the response to it must not be filed with the court. CCP § 2031.290(a). (amended eff 6/29/09); CRC 3.250(a) and (b) (renumbered eff 1/1/07).

The date specified for production must be at least thirty (30) days (five (5) days for unlawful detainer actions) from the service of the demand, thirty-five (35) days if service was made by mail and thirty (30) days plus two (2) court days if service was made by express mail or fax. CCP § 2031.030(c)(2). (amended eff 6/29/09); CCP § 1013.

The court for good cause shown may grant leave to specify an earlier date. CCP § 2031.030(c)(2). (amended eff 6/29/09).

Specify a reasonable place for making the inspection, copying, testing, or sampling, and performing any related activity. CCP § 2031.030(c)(3). (amended eff 6/29/09).

Specify any inspection, copying, testing, sampling, or related activity that is being demanded, as well as the manner in which that activity will be performed, and whether that activity will permanently alter or destroy the item involved. CCP § 2031.030(c)(4). (amended eff 6/29/09).

Any documents produced in response to a demand must either be produced as they are kept in the usual course of business, or be organized and labeled to correspond with the categories in the demand. CCP § 2031.280(a). (amended eff 6/29/09).

The documents must be produced on the date specified in the demand, unless an objection has been made to that date. If the date for inspection has been extended, the documents must be produced on the date agreed to. CCP § 2031.280(b). (eff 6/29/09).

If a party responding to a demand for production of electronically stored information objects to a specified form for producing the information, or if no form is specified, the responding party must state in its response the form in which it intends to produce each type of information. CCP § 2031.280(c). (eff 6/29/09).

Unless the parties otherwise agree or the court otherwise orders, the following shall apply:

(1) If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party must produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.

(2) A party need not produce the same electronically stored information in more than one form.

CCP § 2031.280(d). (eff 6/29/09).

If necessary, the responding party at the reasonable expense of the demanding party must, through detection devices, translate any data compilations included in the demand into reasonably usable form. CCP § 2031.280(b)(e). (renumbered eff 6/29/09).

Response to Request for Production in the United States District Court–At A Glance

wschneider — Tue, 04 Aug 2009 23:55:11 +0000

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure that govern responses to requests for production in the United States District Courts. For more detailed information, including local rules, on responses to requests for production in a specific United States District Court, please see the SmartRules United States District Court Response to Requests for Production Guide for the court where your action is pending.

Timing:

It is accepted practice that parties propound discovery requests after the early meeting of counsel required by Rule 26(f). Federal Rules of Civil Procedure 33 (interrogatories), 34 (requests for production) and 36 (requests for admission), amended 12/01/07, no longer explicitly provide that discovery may not be propounded until after the Rule 26(f) meeting.

Unless by mutual agreement, the inspection may not be scheduled for a time sooner than thirty (30) days after the request is served, if personally served, and not sooner than thirty-three (33) days after service by mail. FRCP 34(b)(2)(A)(amended 12/01/07); FRCP 6(d)(amended 12/01/07).

The time to respond may be shortened or extended as directed by the court, or agreed to in writing by the parties. FRCP 34(b)(2)(A)(amended 12/01/07).

Unless the court orders otherwise, the parties may stipulate that procedures governing or limiting discovery be modified — but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial. FRCP 29 (amended 12/01/07).

The court must set a discovery cut-off date. FRCP 16(b)(3)(A)(amended 12/01/07).

Response to Request for Production Rules:

For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons. FRCP 34(b)(2)(B)(amended 12/01/07).

The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form – or if no form was specified in the request – the party must state the form or forms it intends to use. FRCP 34(b)(2)(D)(amended 12/01/07).

Case law authority holds that failure to timely respond to a request for production waives all objections.

An objection to part of a request must specify the part and permit inspection of the rest. FRCP 34(b)(2)(C)(amended 12/01/07).

Objections may include:

1. Relevancy (the request seeks information that is outside the scope of permissible discovery);

2. Privilege (the request seeks information that is protected by the attorney-client, work product, or other privilege);

3. Privacy (the request seeks information that is protected by an individual’s right of privacy);

4. Unduly burdensome and oppressive (the cost and time necessary to comply with the request are unfairly burdensome); and/or

5. That the request does not describe the documents or other items sought with reasonable particularity.

A Rule 34 request can include a request to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control:

Any designated documents or electronically stored information – including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations – stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

Any designated tangible things; or

To permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. FRCP 34(a)(amended 12/01/07).

Customarily, responses to requests for production identify in the first paragraph the propounding party, the responding party, and the set number of the requests. Thereafter, the responding party provides an agreement to comply, an objection, or a partial objection to each request.

The following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon land, and (iv) requests for admission. FRCP 5(d)(amended 12/01/07).

Responses must be served on all parties who have appeared in the action. FRCP 5(a)(amended 12/01/07).

Request for Production in New York Supreme Court–At A Glance

wschneider — Mon, 03 Aug 2009 22:56:04 +0000

Use this At A Glance Guide to learn the New York rules of civil procedure (New York Civil Practice Law and Rules and Uniform Rules) applicable to requests for production in the New York Supreme Courts. For more detailed information, including local rules, on requests for production in a specific New York Supreme Court, please see the SmartRules New York Supreme Court Requests for Production Guide for the court where your action is pending.

Timing:

A notice to produce documents or make documents available for inspection (directed to a party) or a subpoena duces tecum (directed to a non party) may be issued at any time after commencement of the action. CPLR 3120.

If the requests were served by overnight delivery add one (1) day to the response period. CPLR 2103(b)(6).

If the requests were served by mail, add five (5) days to the response period. CPLR 2103(b)(2).

The day discovery requests are served is not included when calculating the time to respond. Response time starts running the day after service. Gen. Const. L. 20.

Request for Production Rules:

The requesting party may also seek sanctions against any party who refuses to obey an order for disclosure or who willfully fails to disclose information that ought to have been disclosed. CPLR 3126.

Request for Production in Illinois Circuit Court–At A Glance

wschneider — Mon, 03 Aug 2009 22:18:30 +0000

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to requests for production in Illinois Circuit Court. For more detailed information, including local rules, on requests for production in a specific Illinois Circuit Court, please see the SmartRules Illinois Circuit Court Request for Production Guide for the court where your action is pending.

Timing:

A request for production must allow a reasonable time for response which may not be less than twenty-eight (28) days absent an order of the court or agreement of the parties. IL Supreme Court R. 214.

Unless the court orders otherwise for the convenience of the parties and witnesses and in the interests of justice, a party may use methods of discovery in any sequence. IL Supreme Court R. 201(e).

Request for Production Rules:

Any party may, by written request to any other party:

1. Direct the production, copying reproduction, photographing, testing or sampling of specified documents, objects or tangible things whenever relevant to the subject matter of the action. IL Supreme Court R. 214.

2. Gain access to real estate for the purpose of inspections, surveys, or the taking of samples or photographs whenever relevant to the subject matter of the action. IL Supreme Court R. 214.

3. Seek information calculated to lead to the discovery of any of the items listed above whenever relevant to the subject matter of the action. IL Supreme Court R. 214.

The request must state the place and manner of performing the acts compelled by the request. IL Supreme Court R. 214

Discovery materials may not be filed except upon leave of court or as authorized by statute or local rule. IL Supreme Court R. 201(m).

Notwithstanding the above, discovery requests to non-parties must be filed with the court. IL Supreme Court R. 201(o).

A copy of the request for production should be served on all other parties entitled to notice. IL Supreme Court R. 214.

Request for Production in California Superior Court–At A Glance

wschneider — Mon, 03 Aug 2009 22:06:14 +0000

Use this At A Glance Guide to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) applicable to requests for production in the California Superior Courts. For more detailed information, including local rules, on requests for production in a specific California Superior Court, please see the SmartRules California Request for Production Guides for the court where your action is pending.

Timing:

Defendant may make an inspection demand without leave of court at any time. CCP § 2031.020. (amended eff 6/29/09).

A plaintiff may make a demand for inspection, copying, testing, or sampling without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. CCP § 2031.020(b). (amended eff 6/29/09).

On motion with or without notice, the court, for good cause shown, may grant leave to a plaintiff to make a demand for inspection, copying, testing, or sampling at an earlier time. CCP § 2031.020(d). (amended eff 6/29/09).

Request for Production Rules:

Designate the documents, tangible things, land or other property, or electronically stored information to be inspected, copied, tested, or sampled either by specifically describing each individual item or by reasonably particularizing each category of item. CCP § 2031.030(c)(1). (amended eff 6/29/09).

A party demanding inspection, copying, testing, or sampling of electronically stored information may specify the form or forms in which each type of electronically stored information is to be produced. CCP § 2031.030(a)(2). (eff 6/29/09).

The court for good cause shown may grant leave to specify an earlier date. CCP § 2031.030(c)(2). (amended eff 6/29/09).

Specify a reasonable place for making the inspection, copying, testing, or sampling, and performing any related activity. CCP § 2031.030(c)(3). (amended eff 6/29/09).

In addition to demands for inspection, copying, testing, or sampling, a party may propound a supplemental demand any later acquired or discovered documents, tangible things, land or other property, or electronically stored information. CCP § 2031.050(a). (amended eff 6/29/09).

A party may propound a supplemental demand twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010), once after the initial setting of a trial date. CCP § 2031.050(b). (amended eff 6/29/09).

On motion, for good cause shown, the court may grant leave to a party to propound an additional number of supplemental demands for inspection, copying, testing, or sampling. CCP § 2031.050(c). (amended eff 6/29/09).

In the first paragraph immediately below the title of the case must appear the identities of the propounding and responding parties and the set number. CCP § 2031.030(b). (amended eff 6/29/09); CRC 3.1000(a), re supplemental responses, (renumbered eff 1/1/07).

Inspection demands must be separately set forth and identified by number or letter. CCP § 2031.030(c). (amended eff 6/29/09). Each set must be consecutively numbered. CCP § 2031.030(a)(1). (amended eff 6/29/09).

The party demanding an inspection shall serve a copy of the inspection demand on the party to whom it is directed and on all other parties who have appeared in the action. CCP § 2031.040. (amended eff 6/29/09).

The inspection demand and the response to it must not be filed with the court. CCP § 2031.290(a). (amended eff 6/29/09); CRC 3.250(a) and (b) (renumbered eff 1/1/07).