Discovery: What Are Requests For Production?

This is the final example in the discovery series.  So far, we’ve looked at a request for disclosure and interrogatories.  Today, we look at requests for production.

Requests for production are document requests  — one side requests the other side to produce documents relevant to the case.   Unlike interrogatories, there are no hard limits on the number of requests that can be sent, but if it’s too onerous, a judge might step in to limit any abuses.

Like the other discovery requests, it’s important to answer fully.  Failure to answer fully may lead to sanctions, including limiting you from using anything at trial that you didn’t properly produce or even monetary sanctions.

Again, to give you a better idea of what they look like, some requests from a recent car wreck case are attached.  Again, unlike requests for disclosure, which stay the same in every case, these change from case to case.  But these examples are typical of the kind of things that you might be asked to provide.

1. Photographs, negatives, videotapes, electronic recordings and/or motion pictures displaying or relating to:

a) the location of the subject incident,

b) any instrumentality or item involved in the subject incident (such as vehicles),

c) any physical injuries or conditions resulting from the subject incident,

d) any defendant (including defendant’s employees, agents or representatives) or

e) any other matter relevant to the incident/damages in this lawsuit.

2. Diagrams, drawings, graphs, charts, schematics, blueprints, maps and/or models displaying or relating to:

a) the location of the subject incident,

b) any instrumentality or item involved in the subject incident (such as vehicles),

c) any physical injuries or conditions resulting from the subject incident,

d) any defendant (including defendant’s employees, agents or representatives) or

e) any other matter relevant to the incident/damages in this lawsuit.

3. Papers, records, accounts, data compilations and/or other documents reflecting or relating to:

a) the location of the subject incident,

b) any instrumentality or item involved in the subject incident (such as vehicles),

c) any physical injuries or conditions resulting from the subject incident,

d) any defendant (including defendant’s employees, agents or representatives) or

e) any other matter relevant to the incident/damages in this lawsuit.

4. Settlement agreements (including releases, letters or memos) reflecting any settlement or agreement between you and any other person or entity (whether or not a party to this lawsuit), relating to the subject incident or any resulting damages, per Tex. R. Civ. P. 192.3(g)

5. Indemnity and insuring agreements and policies (including all declaration sheets and attached endorsements and addendums of any insurer which may be liable to satisfy, indemnify or reimburse payments for part or all of any judgment in this suit, as defined and authorized per Tex. R. Civ. P. 192.3(f)

6. Trial exhibits, if the Court has ordered disclosure per Tex. R. Civ. P. 192.5(c)(2), 166, and/or 190.4.

7. Reports, field notes, photos, data compilations, attachments, records, and other documents, relating to any investigation of the subject incident or any defendant, which does not qualify as a “core work product” per Tex. R. Civ. P 192.5.

8. Statements of persons with knowledge of relevant facts, as defined and authorized per Tex. R. Civ. P. 192.3(h).

9. Written, recorded and/or transcribed statements of defendant(s) herein or their agents, employees or representatives, regarding the subject incident and/or damages resulting therefrom, as defined and authorized per Tex. R. Civ. P. 192.3(h).

10. Audio recordings of any statements by or conversations with defendant(s) (or its representative or family) at any time, as defined and authorized per Tex. R. Civ. P. 192.3(h).

11. The executed original of the medica authorization (attached hereto ), permitting the release of your medical records.

12. The executed original of the employment authorization (attached hereto), permitting the release of your employment records.

13. The executed original of the Form 4506, Request for Copy or Transcript of Tax Form (attached hereto), permitting release of your tax records. Please fill in Item Numbers 1, 2, 3, 4, 6, 8d, and 9, and sign where indicated. It is necessary that the original form with original signature be attached to your response, as the IRS will not accept a photocopy of a signature.

14. Documents reflecting the identity (including resume and bibliography) of any “consulting” expert whose mental impressions or opinions have been reviewed by a testifying expert.

15. Documents reflecting the subject matter, mental impressions, opinions, and facts known (forming the basis of mental impressions and opinions) of any “consulting” expert whose mental impressions or opinions have been reviewed by a testifying expert.

16. Documents reflecting any bias of any “consulting” expert whose mental impressions or opinions have been reviewed by a testifying expert.

17. Documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for any “consulting” expert whose mental impressions or opinions have been reviewed by a testifying expert.

18. Documents, including but not limited to medical records, reflecting any claim for injuries or damages made the basis of this suit, including any claim for physical pain, mental anguish, physical impairment, and/or disfigurement, if any.

19. Documents reflecting any medical expenses paid or incurred by you (or any other person or entity on your behalf) which resulted from the subject incident.

20. Documents reflecting expenses which have been paid, incurred, received and/or reimbursed by any person or entity for any damages resulting from the subject incident. This includes the government (Medicare/Medicaid), any insurance company or health care plan.

21. Employment payment and attendance records and other documents for the past five years, which reflect your dates and hours worked, salary/wage and immediate supervisor(s).

22. Employment/payment records, tax records and other documents which support any claim for past loss of earnings or other income (if applicable, and as set forth in your answer to any corresponding Interrogatory served herewith)/

23. Employment/payment records, tax records and other documents which support any claim for future loss of earning capacity (if applicable, and as set forth in your anser to any corresponding Interrogatory served herewith.)

24. Documents which support any claim you are making fo property damage from the subject incident, including any records of purchase (including payments made), repairs (including estimates), replacement, and title of such property.

25. Documents related to any claim you are making for loss of use of any property lost or damaged from the subject incident, including renal records and repair estimates.

26. Documents reflecting or supporting any claim made in this suit for property damages measured by loss of market value from the subject incident, i.e., the difference in market value before and after said incident.

27. Documents reflecting or supporting any claim made in this suit of any other expenses or damages not requested or identified above, such as out of pocket and incidental expenses.

28. Documents reflecting or supporting any claim made in this suit by you or your spouse for loss of household services or consortium (if applicable).

29. Correspondence, memos, and any other writings exchanged by and between you (or your representative(s)) and any defendant (or its representative or family), at any time.

30. Contracts and or other written agreements (including leases and any attachments) by and between you (or your representative(s)) and any defendant (or its representative to family), at any time.

31. Documents reflecting any charge, indictment, conviction, plea or probation for any felony or other crime of moral turpitude by you during the past ten years.

32. Pleadings and other records and documents from any lawsuit or claim involving injury to you during the past ten (10) years (if applicable, and as set forth in your answer to any corresponding Interrogatory served herewith).

33. Diaries, calendars and/or personal notes by you for the period from the date of the subject incident to the present, which mention the subject incident, injuries, damages, or contain records, of your activities and mental state before and after said incident.

34. Ordinance, codes, written standards, regulations, and/or recommendations (including those promulgated by government industry), which you contend relate to the subject incident and/or governed the conduct of any defendant at the time of the subject incident.

35. Driver’s license obtained by you during the past ten years (copy both front and back).

Posted on: December 31, 2010 |

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

Website by SEO | Law Firm™, an Adviatech Company