Response to Request for Production in New York Supreme Court

Response to Request for Production Rules

A request for production may request production or inspection, copying, testing or photographing of documents which are in the possession of the person served. It may also request permission to enter on land or property.

State Reasons for Objections

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.


The notice or witness subpoena (subpoena duces tecum) must specify the time for inspection and (in the case of inspection) the place and set forth the items to be produced for inspection or copying. Each item or category of items must be described with reasonable particularity.

The party issuing a subpoena duces tecum must serve all other parties and give each party notice that the items produced are available for inspection and copying, and must specifying the time and place thereof.

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.

Failure to Comply

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.

See also SmartRules procedural guides for 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.

Actions Subject to E-Filing

In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may agree to the electronic filing of discovery responses and discovery materials.

Discovery Requests and Responses

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.

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.

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.


The reasonable production expenses of a non-party witness shall be defrayed by the party seeking discovery.


The Request for Production or Inspection of Documents must specify within it the time for compliance.

No additional time is added if service was made by personal delivery, facsimile or electronic transmission, but additional time is added if made by overnight delivery or by mail.

Timing requirements are very specific. Staying informed of these requirements is essential to meeting deadlines. Use SmartRules to ensure that you don’t lose a case because of a technicality.

SmartRules Guides cover additional requirements including:

Commercial Division responses and objections

Limitations on depositions

Motion for Sanctions

Formatting requirements

Organized, categorical production

Originally posted on August 4, 2009

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