Requests (Discovery Requests)

When the requests is used

Timing: during discovery, after the parties have conferred under Rule 26(f), unless a rule, stipulation or court order allows earlier service. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• Discovery may cover any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case (Rule 26(b)(1)).
• A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by the rules, by stipulation or by court order (Rule 26(d)(1)).
• Interrogatories are limited to 25, including discrete subparts, unless the parties stipulate or the court orders otherwise (Rule 33(a)(1)); requests for production are governed by Rule 34, and requests for admission by Rule 36.
• Responses to interrogatories, requests for production and requests for admission are generally due within 30 days after being served (Rules 33(b)(2), 34(b)(2)(A), 36(a)(3)). A matter is admitted unless a written answer or objection to a request for admission is served within that time (Rule 36(a)(3)).
• Disclosures under Rule 26(a)(1) or (2) and discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing (Rule 5(d)(1)(A)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 26(b)(1), 33, 34, 36 online. Also, the federal judiciary publishes the current rules and recent amendments.

The requests in state court

This page covers the federal version. In state court, the requests may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Interrogatories: written questions one party serves on another party, answered in writing under oath.
• Requests for Production of Documents: requests that another party produce documents, electronically stored information or tangible things, or permit inspection.
• Requests for Admission: written requests asking another party to admit the truth of specific matters.
• Motion to Compel Discovery: a request that the court order a party to make disclosures or respond to discovery.
• Request (Court Filing): a paper asking the court or the clerk to take an action. Many courts use "request" in the name of specific filings — for example a request for judicial notice, a request for entry of default or a request for a hearing — while others call the same filing a motion or an application.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on requests (discovery requests). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.