Discovery: Civil Litigation’s Fact Finding Mission Part 2 – Requests for Production
Posted on February 10, 2025 by Emily Husa
In part 2 of our discussion of the fact finding process in civil litigation we are going to look at “requests for production”—a form of “discovery” that you should be prepared for as part of a civil lawsuit. If you missed Part 1 on Interrogatories, a common form of discovery that often accompanies requests for production, you can find it here.
As a quick refresher, discovery is the fact finding process in civil lawsuits. Discovery allows the parties to ascertain the facts and evidence to build their case. Requests for Production, or “RFPs,” are the formal way to request documents, electronically stored data, and even tangible objects from the opposing party or parties of a lawsuit. All parties in a civil lawsuit can issue RFPs to the opposing parties. Because the facts of the case may be found within documents related to the legal dispute, RFPs can unveil information that is vital for the parties’ claims or defenses. For example, when parties are disputing the meaning of a contract, the RFP that request the email communications leading up to the time the contact was signed can be essential in determining the meaning of the contract.
Parties who receive RFPs are obligated to respond to them. If you are a civil litigant and receive RFPs, you should prepare to set aside time to request and compile the documentation you’ll need to respond. Documentation requested in RFPs may include emails and text messages, social media posts and messages, contracts, financial records such as bank statements for an identified range of time, medical records, and more. While you compile the documentation, your attorneys will identify objections that may be raised in response to overly broad or burdensome requests. Also, some documents, like ones that contain communications covered by privilege—such as attorney-client privilege or spousal privilege, and documents that are irrelevant, may be off-limits for the requesting party. In addition, care is often taken to protect personal and confidential information from disclosure.
The process of compiling documentation for RFPs can be burdensome, but the exchange of information through RFPs is intended to bring all facts and evidence to light for the attorneys to develop you the legal theories and factual support necessary for your case.
For questions about possible litigation matters, the attorneys of Lasher’s Business Litigation practice group are here to help.
