How to respond to
requests for production of documents in United States District Court is the
topic of this blog post. Requests for
production of documents in United States District Court are governed by Rule 34
of the Federal Rules of Civil Procedure (Rule 34) and in United States
Bankruptcy Court by Rule 7034 of the Federal Rules of Bankruptcy Procedure.
The responding party
must serve the responses to the requests for production of documents on the propounding
party and all other parties to the action that have appeared within 30 days
after service unless otherwise stipulated or ordered by the court. This time period is extended to 33 days if
the requests were served by mail.
The responses must
comply with the applicable provisions of Rule 34. Each request must be responded to separately
and under oath and the attorney must sign any response that contains any
objections.
The responding party
should keep in mind that the Federal courts in particular are notoriously
intolerant of generic or “boilerplate” objections that are interposed without
any supporting facts. Examples include
“overbroad and oppressive” where no details are provided as to why the request
is overbroad and oppressive. The use of
boilerplate objections with no supporting facts may result in the imposition of
significant monetary sanctions as well as waiver of the objections.
Responses to requests for producing electronically stored
information should comply with the following provisions of Rule 34:
Rule 34(B) states
that, “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.”
Rule 34(C) states that, “An objection to part of a request
must specify the part and permit inspection of the rest.”
Rule 34(D) states that, “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.”
Rule 34(E) states that, “Producing the Documents or
Electronically Stored Information. Unless otherwise stipulated or ordered by
the court, these procedures apply to producing documents or electronically
stored information:
(i) A party must produce documents as they are kept in the
usual course of business or must organize and label them to correspond to the
categories in the request;
(ii) If a request does not specify a form for producing
electronically stored information, a party must produce it in a form or forms
in which it is ordinarily maintained or in a reasonably usable form or forms;
and
(iii) A party need not produce the same electronically
stored information in more than one form.”
Attorneys or parties
who would like to view a portion of a sample 13 page responses to requests for
production of documents in United States District Court under Rule 34
containing brief instructions for responding, a generic verification under oath
with notary acknowledgment for use in most states, a specific verification for
California only, and proof of service by mail sold by the author can use the
link shown below.
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DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
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