Requests for Production - Personal Injury

REQUESTS FOR PRODUCTION OF DOCUMENTS — PERSONAL INJURY

IN THE [________________________________] COURT
[____] JUDICIAL DISTRICT / CIRCUIT / DIVISION
COUNTY OF [________________________________], STATE OF [____]

[________________________________], )
Plaintiff, ) Case No.: [________________________________]
) Judge: [________________________________]
v. )
) Dept./Division: [____]
[________________________________], )
Defendant. )

PROPOUNDING PARTY INFORMATION

NOTICE

TO RESPONDING PARTY AND COUNSEL OF RECORD:

Pursuant to Rule 34 of the Federal Rules of Civil Procedure (or applicable state rule), the Propounding Party hereby requests that the Responding Party produce the documents and things described below for inspection and copying within thirty (30) days of service of these requests (or within the time prescribed by applicable rules). Production shall be made at the offices of the undersigned counsel, or at such other location as the parties may agree, or by electronic production in a reasonably usable form.

JURISDICTIONAL NOTES — PRODUCTION PROCEDURES

IMPORTANT: Document production procedures, limitations, and formatting requirements vary by jurisdiction. Counsel must verify all applicable requirements before serving these requests.

INSTRUCTIONS TO RESPONDING PARTY

1. Scope of Production. These requests seek all responsive documents and tangible things in your possession, custody, or control, including documents held by your attorneys, agents, employees, insurers, investigators, accountants, and any other Persons acting on your behalf.

2. Time Period. Unless otherwise specified in an individual request, produce all responsive documents from five (5) years before the Incident through the date of production.

3. Organization of Production. Documents shall be produced either as they are kept in the ordinary course of business or organized and labeled to correspond to the categories set forth in these requests, in accordance with FRCP Rule 34(b)(2)(E) or applicable state rule.

4. Electronically Stored Information (ESI). ESI shall be produced in the form in which it is ordinarily maintained or in a reasonably usable form, including native file format with associated metadata, unless the parties have agreed to an alternative ESI protocol. The Responding Party shall not strip metadata from documents or convert native files to static images (e.g., TIFF or PDF) without prior agreement or court order.

5. Privilege Log. If any document is withheld or redacted on the basis of any privilege (including attorney-client privilege, work product protection, or any other applicable privilege), the Responding Party shall, contemporaneously with the production, provide a privilege log that identifies for each withheld or redacted document: (a) the date; (b) the author/sender; (c) all recipients; (d) the document type; (e) the subject matter (without disclosing privileged content); and (f) the specific privilege(s) asserted. See FRCP Rule 26(b)(5)(A).

6. Objections. Objections must state with specificity the grounds for the objection and must indicate whether any responsive documents are being withheld on the basis of the objection. A general or boilerplate objection, standing alone, is insufficient. An objection to part of a request does not excuse failure to produce documents responsive to the non-objectionable portion.

7. Continuing Duty to Supplement. If the Responding Party discovers additional responsive documents after serving its initial production, the Responding Party shall supplement its production in accordance with FRCP Rule 26(e) or applicable state rule.

8. Bates Numbering. All produced documents shall be Bates-stamped or otherwise sequentially numbered with a unique identifier for ease of reference.

9. Custodian Identification. For each document produced, the Responding Party shall identify the custodian(s) from whom the document was collected, either by custodian-specific Bates ranges or by a production index.

DEFINITIONS

For the purpose of these requests, the following definitions apply:

1. "Incident" means the occurrence or event described in the Complaint, including all acts, omissions, conditions, and circumstances alleged to have caused or contributed to the injuries and damages claimed by Plaintiff.

2. "Person" means any natural person, corporation, limited liability company, partnership, joint venture, association, trust, estate, governmental entity, or any other legal entity.

3. "You" / "Your" means the Responding Party, including all agents, employees, representatives, attorneys (to the extent not privileged), investigators, insurers, and any other Persons acting on behalf of or at the direction of the Responding Party.

4. "Document" has the broadest meaning permitted under FRCP Rule 34(a) and applicable state rules, and includes, without limitation: all writings, correspondence, letters, memoranda, notes, emails (including attachments), text messages, instant messages, social media posts, messages and content, photographs, images, videos, audio recordings, voicemails, electronically stored information (ESI), spreadsheets, databases, presentations, reports, contracts, agreements, invoices, receipts, checks, financial records, calendars, schedules, diaries, journals, logs, maps, diagrams, drawings, charts, graphs, surveys, and any other tangible or electronic item from which information can be obtained or translated into usable form.

5. "Communication" means any exchange of information, whether oral, written, or electronic.

6. "Relating to" means concerning, referring to, describing, evidencing, constituting, mentioning, reflecting, generated by, or having any logical connection to the subject matter referenced.

7. "Medical Provider" means any physician, surgeon, specialist, chiropractor, physical therapist, psychologist, psychiatrist, hospital, clinic, pharmacy, diagnostic imaging center, rehabilitation facility, emergency medical service, or any other Person or entity that provided medical or therapeutic services.

8. "Medical Records" means all records maintained by any Medical Provider, including physician notes, nursing notes, operative reports, discharge summaries, imaging studies, laboratory results, therapy notes, prescription records, billing statements, explanation of benefits (EOBs), and itemized statements.

REQUESTS FOR PRODUCTION

CATEGORY A: INCIDENT DOCUMENTATION

Request No. 1. All photographs, images, videos, audio recordings, dashcam footage, body camera footage, surveillance footage, drone footage, or other recordings depicting: (a) the Incident; (b) the scene of the Incident; (c) any vehicles, equipment, products, or premises involved in the Incident; (d) any conditions existing at the scene before, during, or after the Incident; or (e) any injuries sustained by any Person.

Request No. 2. All police reports, traffic crash reports, incident reports, accident reports, or investigative reports relating to the Incident, including supplemental reports, witness statements collected by investigating officers, diagrams, and photographs obtained from any law enforcement agency.

Request No. 3. All statements (written, recorded, or transcribed) made by any Person regarding the Incident, including statements made to law enforcement, insurance adjusters, investigators, or attorneys.

Request No. 4. All documents reflecting or relating to any investigation, reconstruction, or inspection of the Incident scene, including reports from accident reconstructionists, engineers, or other investigators, together with all photographs, measurements, diagrams, or data collected during such investigation.

Request No. 5. All 911 call recordings, dispatch logs, emergency medical service (EMS) run sheets, and ambulance reports relating to the Incident.

CATEGORY B: MEDICAL RECORDS AND TREATMENT

Request No. 6. All Medical Records relating to any examination, diagnosis, treatment, therapy, or care provided to the Plaintiff for injuries arising from or related to the Incident, from the date of the Incident to the present, including but not limited to: emergency room records, hospital admission and discharge records, physician office notes, operative reports, anesthesia records, nursing notes, physical therapy and rehabilitation records, chiropractic records, psychological and psychiatric treatment records, diagnostic imaging studies and reports (X-ray, MRI, CT scan, ultrasound), laboratory results, and referral records.

Request No. 7. All Medical Records relating to any pre-existing conditions, injuries, or treatment involving the same body parts or conditions claimed to have been injured or aggravated in the Incident, for the period of ten (10) years prior to the Incident.

Request No. 8. All Medical Records relating to any injuries, conditions, or treatment involving the same body parts claimed in this action that occurred or were diagnosed after the Incident, including records from any subsequent accident, injury, or illness.

Request No. 9. All prescriptions, pharmacy records, and medication logs reflecting medications prescribed or dispensed in connection with the injuries claimed in this action.

Request No. 10. All life care plans, future medical cost projections, or functional capacity evaluations prepared in connection with the injuries claimed in this action.

CATEGORY C: MEDICAL BILLING AND EXPENSES

Request No. 11. All medical bills, invoices, itemized statements, and charges from every Medical Provider who provided treatment related to the Incident, including a breakdown of charges by date of service and type of service.

Request No. 12. All explanation of benefits (EOBs), insurance payment records, and remittance advices showing payments made by any health insurance company, Medicare, Medicaid, TRICARE, medical payments (MedPay) coverage, personal injury protection (PIP), workers' compensation, or any other source toward medical expenses incurred as a result of the Incident.

Request No. 13. All documents reflecting any write-offs, adjustments, discounts, reductions, or contractual allowances applied to medical bills relating to the Incident.

Request No. 14. All documents relating to any liens, subrogation claims, or reimbursement demands asserted by any insurer, healthcare provider, government entity, or other Person against any recovery in this action, including lien notices, demand letters, and correspondence.

CATEGORY D: INSURANCE

Request No. 15. Complete copies of all insurance policies (including declarations pages, endorsements, riders, and all amendments) that may provide coverage for the claims asserted in this action, including but not limited to: liability insurance, uninsured/underinsured motorist coverage, medical payments coverage, umbrella/excess coverage, commercial general liability, and any self-insurance documentation.

Request No. 16. All documents reflecting the identity of every insurer that has been notified of the Incident or the claims in this action, together with copies of all notices of claim, reservation of rights letters, denial letters, and coverage opinions.

Request No. 17. The complete claim file maintained by any insurer relating to the Incident, to the extent not protected by attorney-client privilege or work product doctrine (with a privilege log for any withheld documents), including adjuster notes, activity logs, claim evaluations, reserve information, and settlement authority documentation.

CATEGORY E: EMPLOYMENT AND INCOME LOSS

Request No. 18. All documents reflecting the Plaintiff's employment status, earnings, and income for the five (5) years preceding the Incident through the present, including: W-2 forms, 1099 forms, pay stubs, tax returns (including all schedules), profit and loss statements (if self-employed), employment contracts, offer letters, and compensation summaries.

Request No. 19. All documents from any employer reflecting time missed from work as a result of the Incident, including attendance records, leave requests, FMLA documentation, disability accommodation requests, correspondence between the Plaintiff and employer(s) regarding the Incident or work restrictions, and any light duty or modified duty assignments.

Request No. 20. All documents reflecting disability benefits received, including short-term disability, long-term disability, Social Security disability, and workers' compensation benefits, including applications, award letters, and payment records.

Request No. 21. All vocational rehabilitation evaluations, labor market analyses, or earning capacity assessments prepared in connection with this action.

CATEGORY F: PROPERTY DAMAGE

Request No. 22. All documents relating to damage to any vehicle, property, or personal belongings resulting from the Incident, including: repair estimates, invoices, receipts, appraisals, total loss valuations, diminished value assessments, photographs of damage, and correspondence with repair facilities or insurers.

Request No. 23. All vehicle maintenance and repair records for any vehicle involved in the Incident for the two (2) years preceding the Incident, including inspection reports, service records, recall notices, and any documentation of mechanical defects or malfunctions.

Request No. 24. Title, registration, and ownership documents for any vehicle involved in the Incident.

CATEGORY G: PRIOR AND SUBSEQUENT CLAIMS

Request No. 25. All documents relating to any prior personal injury claim, lawsuit, workers' compensation claim, or insurance claim filed by or on behalf of the Plaintiff at any time, including complaints, petitions, settlement agreements, releases, medical records, and claim files.

Request No. 26. All documents relating to any subsequent personal injury claim, lawsuit, workers' compensation claim, or insurance claim filed by or on behalf of the Plaintiff after the Incident, including complaints, petitions, medical records, and claim files.

CATEGORY H: COMMUNICATIONS

Request No. 27. All correspondence, communications, emails, text messages, and letters between any party and any other Person relating to the Incident, including but not limited to communications with: insurers, Medical Providers, employers, witnesses, investigators, and government agencies.

Request No. 28. All written or recorded communications between You and any co-defendant or potential third-party defendant relating to the Incident, liability, damages, or settlement (to the extent not privileged, with a privilege log for any withheld documents).

CATEGORY I: SOCIAL MEDIA AND ELECTRONIC CONTENT

Request No. 29. All social media posts, updates, photographs, videos, check-ins, stories, comments, messages (including direct/private messages), and other content posted by the Plaintiff on any social media platform (including but not limited to Facebook, Instagram, Twitter/X, TikTok, Snapchat, YouTube, LinkedIn, and Reddit) from one (1) year before the Incident through the present that relate to: (a) the Incident; (b) the injuries claimed; (c) the Plaintiff's physical activities, capabilities, or limitations; (d) the Plaintiff's emotional or mental state; or (e) the Plaintiff's daily activities and lifestyle.

Request No. 30. All data from GPS devices, fitness trackers, health monitoring applications (e.g., Apple Health, Fitbit, Garmin), or activity logs that record the Plaintiff's physical activity, location, sleep patterns, or biometric data from the date of the Incident through the present.

CATEGORY J: EXPERT MATERIALS

Request No. 31. All expert reports, opinions, evaluations, or analyses prepared by any Expert retained or consulted in connection with this action, including all documents, data, and information considered by the Expert in forming opinions, as required under FRCP Rule 26(a)(2)(B) or applicable state rule.

Request No. 32. All documents reflecting the qualifications of any Expert, including curriculum vitae, list of publications, list of prior testimony (trial and deposition), and fee schedules.

CATEGORY K: WITNESS INFORMATION

Request No. 33. All documents reflecting the identity or contact information of any Person who witnessed the Incident, its aftermath, or who has knowledge of facts relevant to this action, including witness lists, contact logs, and interview notes (to the extent not protected by work product).

Request No. 34. All written or recorded statements obtained from any witness, including those obtained by investigators, adjusters, or attorneys (to the extent not protected by work product, with a privilege log for any withheld documents).

CATEGORY L: REGULATORY AND COMPLIANCE DOCUMENTS

Request No. 35. All documents relating to any citation, violation, warning, or regulatory action issued to or against any Defendant in connection with the Incident or relating to the same or similar conduct, conditions, or products within the five (5) years preceding the Incident.

Request No. 36. All documents relating to any recall, safety bulletin, technical service bulletin, complaint, or consumer notification involving any vehicle, product, or equipment involved in the Incident.

Request No. 37. All documents reflecting internal policies, procedures, guidelines, training materials, or safety protocols applicable at the time of the Incident, to the extent they relate to the conduct, conditions, or instrumentalities at issue in this action.

CATEGORY M: SETTLEMENT AND LITIGATION

Request No. 38. All documents relating to any settlement demand, offer of judgment, or settlement negotiation in this action (to the extent admissible under FRCP Rule 408 or applicable state rule).

Request No. 39. All documents reflecting any Litigation Hold notice issued in connection with this action, including the date, scope, and recipients of the hold.

Request No. 40. All documents that have been identified as potentially responsive to these requests but that the Responding Party contends have been lost, destroyed, discarded, or are otherwise unavailable, together with an explanation of the circumstances of the loss or destruction.

VERIFICATION

I, [________________________________], am the ☐ Plaintiff ☐ Defendant ☐ Authorized Officer/Agent in the above-captioned action. I have read the foregoing responses to requests for production and declare under penalty of perjury under the laws of the State of [________________________________] (and, where applicable, under 28 U.S.C. § 1746) that the foregoing responses are true and correct to the best of my knowledge, information, and belief, and that the production of documents accompanying these responses is complete and accurate.

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Requests for Production of Documents — Personal Injury upon all counsel of record and/or unrepresented parties by the following method:

☐ Electronic filing (e-filing) through the Court's electronic filing system
☐ Email to: [________________________________]
☐ U.S. Mail, postage prepaid, to the address(es) on file
☐ Personal delivery / Hand delivery
☐ Certified mail, return receipt requested
☐ Facsimile to: [________________________________]
☐ Other: [________________________________]

Signature: ______________________________

Printed Name: [________________________________]

Bar Number: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

PRACTICE TIPS FOR ATTORNEYS

Strategic Considerations

1. Proportionality. Under FRCP Rule 26(b)(1), discovery must be proportional to the needs of the case. Tailor your requests to the specific facts and claims at issue, particularly regarding the time period covered and the scope of documents sought.

2. ESI Protocol. Consider negotiating an ESI protocol early in the case (often at the Rule 26(f) conference) to address file formats, search terms, custodian identification, and cost allocation. An agreed ESI protocol reduces disputes later.

3. Privilege Log Requirements. Insist on a detailed privilege log for any withheld documents. Blanket claims of privilege without a privilege log may result in waiver. See FRCP Rule 26(b)(5)(A).

4. HIPAA Considerations. When seeking medical records of a party, consider whether a HIPAA-compliant authorization is required. In many jurisdictions, a party who places their medical condition at issue in litigation is deemed to have waived certain privacy protections, but the scope of the waiver varies. A qualified protective order may be needed for production of medical records in discovery.

5. Clawback Agreements. Negotiate a clawback agreement (FRCP Rule 26(b)(5)(B); Federal Rule of Evidence 502(d) order) to address inadvertent production of privileged documents. This reduces the cost of privilege review and protects against waiver.

6. Social Media Discovery. Social media requests are an area of evolving law. Be specific about the platforms, time periods, and subject matter. Overly broad requests (e.g., "produce your entire Facebook profile") are likely to be narrowed by the court. Focus on content that is relevant to injuries, physical capabilities, and emotional state.

7. Follow Up on Incomplete Production. After receiving a production, compare the documents produced against the requests served and interrogatory responses. Identify gaps and follow up with a detailed deficiency letter before filing a motion to compel.

8. Cost of Production. Under FRCP Rule 26(b)(2)(B), a party need not provide discovery of ESI from sources that are not reasonably accessible because of undue burden or cost. However, the requesting party may move to compel such production upon a showing of good cause, and the court may specify conditions for the discovery.

Common Document Categories Checklist

Use this checklist to ensure comprehensive document collection:

☐ Incident scene photographs and video
☐ Police/crash reports
☐ EMS and ambulance records
☐ Emergency room records
☐ Hospital admission/discharge records
☐ All treating physician records
☐ Surgical/operative records
☐ Physical therapy records
☐ Chiropractic records
☐ Psychological/psychiatric records
☐ Diagnostic imaging studies and reports
☐ Pharmacy/prescription records
☐ All medical bills (itemized)
☐ Explanation of benefits (EOBs)
☐ Insurance policy declarations
☐ Insurance claim file (non-privileged portions)
☐ W-2s, 1099s, pay stubs, tax returns
☐ Employer correspondence and leave records
☐ Property damage estimates and repair records
☐ Prior claim documentation
☐ Expert reports
☐ Witness statements
☐ Social media content
☐ Fitness tracker / health app data
☐ Dashcam / surveillance footage
☐ Vehicle telematics and event data recorder (EDR) data
☐ Cell phone records (call logs, text messages)
☐ GPS/navigation data
☐ Building/premises inspection records
☐ Weather reports for date of incident

Motion to Compel Production Checklist

If the Responding Party fails to produce documents adequately, use this checklist before filing a motion to compel:

☐ Compare documents produced against each category of request
☐ Identify specific requests for which production appears incomplete or missing
☐ Review the responding party's written responses for boilerplate or unsupported objections
☐ Verify that a privilege log was provided for any documents withheld on privilege grounds
☐ Send a detailed deficiency letter identifying each specific deficiency
☐ Allow a reasonable time for supplemental production (typically 10-14 days)
☐ Conduct a meet-and-confer conference (required by FRCP Rule 37(a)(1) and most state rules)
☐ Document all meet-and-confer efforts
☐ File motion to compel with supporting declaration and exhibits
☐ Request sanctions under FRCP Rule 37(a)(5) or applicable state rule

ESI (Electronically Stored Information) Protocol Considerations

When negotiating an ESI protocol at the Rule 26(f) conference or by stipulation, address the following:

Privilege Log Requirements and Best Practices

A proper privilege log must contain, for each withheld document:

Tip: Blanket privilege claims (e.g., "all communications with counsel are privileged") are insufficient. Each document must be separately identified and the privilege specifically justified. Failure to provide an adequate privilege log may result in waiver of the claimed privilege.

APPENDIX: STATE-SPECIFIC PRODUCTION NOTES

California Supplemental Notes

• Numerical Limit: 35 requests for production without a declaration of necessity (CCP § 2031.030). Unlimited with a declaration under CCP § 2031.050.
• Response Time: 30 days (35 if served by mail; 37 if served by overnight delivery).
• Form of Production: Must produce as kept in the usual course of business or organized by request category (CCP § 2031.280).
• Compliance Statement: The responding party must provide a statement of compliance for each category, specifying that all responsive documents in the party's possession, custody, or control have been produced.
• Monetary Sanctions: Available under CCP § 2031.310 against any party who unsuccessfully makes or opposes a motion to compel further responses.

Texas Supplemental Notes

• Discovery Levels: Production requests are subject to the applicable discovery control plan. Level 1 cases have more restrictive limits.
• Response Time: 30 days after service (TRCP Rule 196.2).
• Withholding Statement: A party withholding material must identify it and state the particular privilege asserted (TRCP Rule 193.3).
• Snap-Back Provision: Under TRCP Rule 193.3(d), if privileged material is inadvertently produced, the producing party may request its return, and the receiving party must return, sequester, or destroy the material pending court ruling.

Florida Supplemental Notes

• Numerical Limit: 30 requests including all subparts (Rule 1.350). Court permission required to exceed.
• Response Time: 30 days after service.
• Production Format: Must produce as kept in the usual course of business or organized to correspond to the categories of the request.
• Recent Amendments: Florida has proposed amendments to Rule 1.350 addressing ESI production protocols. Verify the current version of the rule.

New York Supplemental Notes

• No Numerical Limit: CPLR § 3120 does not impose a specific numerical limit on document requests.
• Response Time: 20 days after service — the shortest response period among major jurisdictions.
• Discovery on Notice: In New York, document requests are served as a "notice for discovery and inspection" under CPLR § 3120.
• Non-Party Discovery: Production from non-parties requires a subpoena duces tecum under CPLR § 2307, not a notice for discovery.

SOURCES AND REFERENCES

• Federal Rules of Civil Procedure, Rules 26, 34 — https://www.law.cornell.edu/rules/frcp
• California Code of Civil Procedure §§ 2031.010-2031.510 — https://leginfo.legislature.ca.gov
• Texas Rules of Civil Procedure, Rule 196 — https://www.txcourts.gov/rules-forms
• Florida Rules of Civil Procedure, Rule 1.350 — https://www.floridabar.org/rules
• New York Civil Practice Law and Rules, CPLR §§ 3120-3122 — https://www.nysenate.gov/legislation/laws/CVP
• HIPAA Privacy Rule, 45 C.F.R. § 164.512(e) — https://www.hhs.gov/hipaa