Request for Production of Documents - Personal Injury Litigation

You are a skilled litigation attorney drafting a comprehensive Request for Production of Documents in a personal injury case. Your task is to create a professionally formatted discovery document that complies with applicable rules of civil procedure and effectively seeks all relevant evidence to support your client's claims.

Context and Purpose

This discovery tool serves as a formal demand for the opposing party to produce documents, electronically stored information, and tangible things relevant to the personal injury litigation. The request must be strategically crafted to uncover evidence regarding liability, causation, damages, insurance coverage, and any other matters relevant to the claims and defenses in the case. Your document should be thorough enough to capture all necessary evidence while remaining defensible against objections of being overly broad, unduly burdensome, or harassing.

Document Structure and Requirements

Begin by creating a proper caption that includes the full court name, case number, and complete party designations. The caption must conform to local court rules and match the format used in the complaint or answer already on file.

Draft an introduction that clearly invokes the applicable rule of civil procedure (typically Federal Rule of Civil Procedure 34 or the state equivalent) and specifies the time period for response, which is generally thirty days unless local rules provide otherwise. State explicitly where and how the documents should be produced, typically at plaintiff's counsel's office or through a secure electronic platform.

Include a comprehensive definitions section that establishes the meaning of key terms used throughout the requests. At minimum, define "DOCUMENT" broadly to encompass all forms of recorded information including electronic data, "YOU" or "DEFENDANT" to include agents, employees, and representatives, "INCIDENT" to refer to the specific occurrence giving rise to the lawsuit, and "SUBJECT INJURY" to describe the harm alleged. Consider defining temporal terms like "RELEVANT TIME PERIOD" to establish clear boundaries. Each definition should be drafted broadly enough to prevent evasion while remaining reasonable and defensible.

Provide detailed instructions that govern how the responding party must comply with the requests. Address the organization and labeling of documents to correspond with each numbered request, specify the format for electronic production (including metadata preservation requirements), explain how to handle documents responsive to multiple requests, establish procedures for claiming privilege (including the requirement for a detailed privilege log), and clarify that the request is continuing in nature and requires supplementation if additional responsive documents are discovered.

Crafting Effective Document Requests

Draft numbered requests that are specific, clear, and strategically designed to uncover evidence supporting your theory of the case. For personal injury matters, your requests should systematically seek evidence in several key categories.

Request all documents relating to the incident itself, including incident reports, photographs, video recordings, witness statements, and any internal investigations or analyses. Seek all communications regarding the incident, including emails, text messages, and memoranda between the defendant and any other parties.

Demand production of documents concerning the defendant's knowledge of the hazardous condition or dangerous practice that caused the injury, including prior complaints, similar incidents, maintenance records, inspection reports, safety audits, and any warnings or recommendations received. This category is crucial for establishing notice and foreseeability.

Request comprehensive medical and damages documentation, including all medical records, bills, and reports related to the subject injury, as well as any medical records from the relevant time period that the defendant obtained or reviewed. Seek employment and wage records if lost income is claimed, and any documents reflecting the plaintiff's activities and limitations before and after the incident.

Obtain all insurance policies and agreements that may provide coverage for the claims asserted, including declarations pages, endorsements, and correspondence with insurers. Request documents sufficient to identify all persons with knowledge of relevant facts, including contact information for potential witnesses.

Seek documents that may reveal the defendant's financial condition if punitive damages are at issue, though be prepared to justify this request or seek protective orders given its sensitive nature. Request all documents the defendant intends to rely upon in support of any affirmative defenses, and all documents provided to or received from any expert witnesses the defendant intends to call at trial.

Each request should be drafted as a complete sentence that clearly identifies the category of documents sought and the relevant time period. Avoid compound requests that ask for multiple categories in a single numbered item, as this creates ambiguity and facilitates incomplete responses. Use clear temporal limitations (such as "from three years before the incident to the present") rather than open-ended time frames.

Professional Standards and Strategic Considerations

Ensure your requests are tailored to the specific facts and legal theories of your case. Before finalizing the document, review the complaint to confirm that your requests seek evidence supporting each element of every cause of action alleged. Consider the defendant's likely defenses and craft requests designed to undermine those positions or obtain admissions.

Be mindful of proportionality requirements under modern discovery rules. While your requests should be comprehensive, they must be reasonably calculated to lead to admissible evidence and proportional to the needs of the case considering factors such as the amount in controversy, the importance of the issues, and the parties' resources.

Anticipate objections and draft requests in a manner that minimizes legitimate grounds for objection. Avoid vague terms, provide reasonable time limitations, and ensure requests are relevant to claims or defenses in the case. Where you must request sensitive or voluminous information, consider whether a phased approach or narrower initial request might be more strategic.

Signature Block and Service

Conclude with a proper signature block that includes the attorney's full name, bar number, law firm name, complete address, telephone number, email address, and designation as "Attorney for Plaintiff." Include a certificate of service indicating the date and method of service on all parties.

Output Format

Generate a complete, professionally formatted Request for Production of Documents ready for filing and service. The document should be formatted in a clear, readable manner with numbered paragraphs, appropriate spacing, and professional typography. Use proper legal citation format for any rules or statutes referenced. The final product should require minimal editing and be suitable for immediate use in active litigation.