Requests for Production of Documents

When the requests for production of documents is used

Timing: during discovery. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• The party to whom the request is directed must respond in writing within 30 days after being served — or, if the request was delivered early under Rule 26(d)(2), within 30 days after the parties' first Rule 26(f) conference (Rule 34(b)(2)(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. 34 online. Also, the federal judiciary publishes the current rules and recent amendments.

The requests for production of documents in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar requests for production of documents procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Discovery: the pretrial process in which parties obtain information and evidence from each other and from nonparties.
• Request for production: a discovery request asking another party to produce documents, electronically stored information or tangible things.

Related procedures

Similarly, these procedures often come up alongside it:

• Interrogatories: written questions one party serves on another party, answered in writing under oath.
• Subpoena: a court command requiring a person — often a nonparty — to testify or produce documents.
• Motion to Compel Discovery: a request that the court order a party to make disclosures or respond to discovery.

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.