Requests for Production of Documents - Real Estate Litigation

REQUESTS FOR PRODUCTION OF DOCUMENTS — REAL ESTATE LITIGATION

FOR USE IN STATE AND FEDERAL COURTS

CAPTION

[________________________________]
[COURT NAME AND DIVISION]
[________________________________]
[COUNTY/DISTRICT], [STATE]

[________________________________],          )
     Plaintiff(s),                           )    Case No. [________________]
                                             )
v.                                           )    PLAINTIFF'S/DEFENDANT'S REQUESTS
                                             )    FOR PRODUCTION OF DOCUMENTS
[________________________________],          )    — REAL ESTATE
     Defendant(s).                           )    Set No. [____]
                                             )

PROPOUNDING PARTY INFORMATION

PRELIMINARY INSTRUCTIONS

TO THE RESPONDING PARTY:

1. You are required to respond in writing to each request within the time prescribed by applicable rules (generally 30 days after service under Fed. R. Civ. P. 34(b)(2)(A); 20 days under N.Y. CPLR 3122).

2. For each request, you must state either: (a) that inspection and related activities will be permitted as requested; or (b) an objection to the request, including the specific reasons for the objection. Under the 2015 amendments to Fed. R. Civ. P. 34(b)(2)(B), an objection must state whether any responsive materials are being withheld on the basis of that objection.

3. Documents shall be produced as they are kept in the usual course of business or organized and labeled to correspond to the categories in the requests. See Fed. R. Civ. P. 34(b)(2)(E)(i).

4. Electronically Stored Information (ESI): If a request does not specify a form for ESI production, you must produce it in a form in which it is ordinarily maintained or in a reasonably usable form. You need not produce the same ESI in more than one form. See Fed. R. Civ. P. 34(b)(2)(E)(ii)-(iii).

5. If you withhold any responsive document on the basis of privilege, you must provide a privilege log compliant with Fed. R. Civ. P. 26(b)(5)(A), identifying: (a) the nature of the document; (b) the date; (c) the author and all recipients; (d) the subject matter (without revealing privileged content); and (e) the specific privilege asserted.

6. If no responsive documents exist for a particular request, state so expressly.

7. These requests are continuing in nature. You must supplement your responses if additional responsive documents come into your possession, custody, or control, as required by Fed. R. Civ. P. 26(e).

8. Proportionality. All requests are subject to the proportionality requirements of Fed. R. Civ. P. 26(b)(1). The Propounding Party has tailored these requests to the claims and defenses at issue in this real estate litigation.

DEFINITIONS

"Document" means any writing, drawing, graph, chart, photograph, recording, video, or data compilation in any medium, including paper, electronic, magnetic, optical, or other form, including but not limited to: contracts, agreements, deeds, leases, mortgages, promissory notes, correspondence, letters, emails, text messages, instant messages, social media posts, memoranda, reports, studies, analyses, spreadsheets, financial statements, tax returns, invoices, receipts, checks, bank statements, maps, surveys, plats, blueprints, architectural drawings, engineering plans, specifications, permits, certificates, licenses, inspection reports, appraisals, photographs, videos, audio recordings, presentation slides, marketing materials, brochures, listings, advertisements, and all metadata associated with any electronically stored information.

"ESI" means electronically stored information as defined in Fed. R. Civ. P. 34(a)(1)(A), including data from property management software, building management systems (BMS), smart building IoT platforms, MLS databases, real estate transaction platforms, document management systems, cloud storage, email accounts, mobile devices, and backup systems.

"Property" means the real property located at [________________________________], including all improvements, appurtenances, and fixtures.

"Transaction" means the purchase, sale, lease, financing, development, construction, management, or other dealing involving the Property that is the subject of this litigation.

"Relevant Period" means the period from [__/__/____] through the present, unless a different time period is specified in a particular request.

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

"You" and "Your" means the Responding Party, together with all agents, employees, representatives, attorneys (to the extent not privileged), predecessors, successors, and assigns.

REQUESTS FOR PRODUCTION

SECTION A: TITLE AND CONVEYANCE DOCUMENTS

Request No. 1: All deeds, quitclaim deeds, grant deeds, warranty deeds, special warranty deeds, trust deeds, and other conveyance instruments relating to the Property recorded during the Relevant Period.

Request No. 2: All title insurance policies, preliminary title reports, title commitments, title opinions, and title abstracts relating to the Property.

Request No. 3: All documents relating to any title defect, exception, encumbrance, or adverse claim affecting the Property, including correspondence with title companies, underwriters, and attorneys regarding title matters.

Request No. 4: All documents relating to the chain of title for the Property, including certified copies of recorded instruments.

Request No. 5: All closing statements (HUD-1, ALTA settlement statements, or equivalent), escrow instructions, and closing documents for any transfer of the Property during the Relevant Period.

SECTION B: SURVEYS, PLATS, AND LEGAL DESCRIPTIONS

Request No. 6: All surveys (including ALTA/NSPS land title surveys, boundary surveys, topographic surveys, and as-built surveys) of the Property prepared during the Relevant Period.

Request No. 7: All plat maps, subdivision maps, lot-line adjustment applications, and parcel maps relating to the Property.

Request No. 8: All documents relating to any boundary dispute, encroachment, or adverse possession claim involving the Property, including correspondence, surveys, and settlement agreements.

SECTION C: ENVIRONMENTAL REPORTS AND DOCUMENTS

Request No. 9: All Phase I Environmental Site Assessment reports for the Property.

Request No. 10: All Phase II Environmental Site Assessment reports, including soil boring logs, groundwater sampling results, laboratory analytical reports, and remedial action plans for the Property.

Request No. 11: All environmental compliance audits, regulatory correspondence, notices of violation, consent orders, and administrative orders relating to the Property.

Request No. 12: All documents relating to the presence, storage, use, release, or disposal of hazardous substances, petroleum products, asbestos, lead-based paint, mold, radon, or other contaminants on or affecting the Property.

Request No. 13: All underground storage tank (UST) registration documents, removal reports, closure reports, and no-further-action letters relating to the Property.

Request No. 14: All remediation workplans, remediation completion reports, deed restrictions, institutional controls, and engineering controls relating to environmental conditions on the Property.

SECTION D: INSPECTION AND CONDITION REPORTS

Request No. 15: All property inspection reports (including home inspection, commercial inspection, structural, and engineering reports) for the Property prepared during the Relevant Period.

Request No. 16: All roof inspection reports, roof warranty documents, and roof maintenance records for the Property.

Request No. 17: All reports or studies relating to mold, asbestos, lead-based paint, radon, or other hazardous materials in improvements on the Property.

Request No. 18: All reports relating to the condition of the HVAC, plumbing, electrical, fire protection, elevator, and mechanical systems of the Property.

Request No. 19: All ADA compliance assessments, accessibility audits, and barrier-removal plans for the Property.

Request No. 20: All fire marshal inspection reports, fire and life safety inspection reports, and certificates of compliance for the Property.

SECTION E: APPRAISALS AND VALUATIONS

Request No. 21: All appraisals, broker's opinions of value (BOVs), comparative market analyses (CMAs), and automated valuation models (AVMs) for the Property prepared during the Relevant Period.

Request No. 22: All documents relied upon in preparing any appraisal or valuation of the Property, including comparable sales data, income approach worksheets, and cost approach estimates.

SECTION F: LEASE AND TENANCY DOCUMENTS

Request No. 23: All lease agreements, subleases, license agreements, and occupancy agreements for the Property, including all amendments, addenda, extensions, renewals, and side letters.

Request No. 24: All rent rolls for the Property for each month during the Relevant Period.

Request No. 25: All tenant correspondence, default notices, cure notices, termination notices, and eviction documents for the Property during the Relevant Period.

Request No. 26: All tenant estoppel certificates, subordination, non-disturbance, and attornment (SNDA) agreements, and landlord consents relating to the Property.

Request No. 27: All common area maintenance (CAM) reconciliations, operating expense pass-through calculations, and percentage rent calculations for the Property during the Relevant Period.

SECTION G: FINANCIAL DOCUMENTS

Request No. 28: All operating statements, profit and loss statements, balance sheets, and cash flow analyses for the Property for each fiscal year during the Relevant Period.

Request No. 29: All bank statements for accounts used to receive or disburse funds relating to the Property during the Relevant Period.

Request No. 30: All mortgage statements, loan documents, promissory notes, deeds of trust, loan modifications, forbearance agreements, and payoff statements relating to the Property.

Request No. 31: All real property tax bills, tax assessment notices, tax appeal filings, and tax abatement applications for the Property during the Relevant Period.

Request No. 32: All capital expenditure budgets, capital improvement plans, and reserve studies for the Property.

SECTION H: INSURANCE DOCUMENTS

Request No. 33: All insurance policies (property, liability, flood, earthquake, environmental, builder's risk, umbrella) covering the Property during the Relevant Period, including declarations pages, endorsements, and exclusions.

Request No. 34: All insurance claims, claims correspondence, adjuster reports, and settlement documents relating to the Property during the Relevant Period.

Request No. 35: All certificates of insurance provided by or received from tenants, contractors, or other parties relating to the Property.

SECTION I: PERMITS AND GOVERNMENTAL DOCUMENTS

Request No. 36: All building permits, demolition permits, grading permits, and certificates of occupancy for the Property during the Relevant Period.

Request No. 37: All zoning letters, zoning compliance certificates, variance approvals, conditional use permits, and special exception orders for the Property.

Request No. 38: All notices of violation, citations, orders to correct, stop-work orders, condemnation notices, and enforcement actions issued by any governmental authority relating to the Property.

Request No. 39: All correspondence with governmental authorities (including planning departments, building departments, fire departments, health departments, and environmental agencies) relating to the Property.

SECTION J: HOA AND CONDOMINIUM DOCUMENTS

Request No. 40: All declarations of covenants, conditions, and restrictions (CC&Rs), condominium bylaws, articles of incorporation, rules and regulations, and amendments thereto governing the Property.

Request No. 41: All HOA or condominium association meeting minutes, financial statements, reserve studies, and special assessment notices for the Relevant Period.

Request No. 42: All HOA or condominium violation notices, fine notices, and architectural review committee decisions relating to the Property.

SECTION K: CONSTRUCTION AND IMPROVEMENT DOCUMENTS

Request No. 43: All construction contracts, architectural agreements, engineering agreements, and design-build agreements for work performed on the Property during the Relevant Period.

Request No. 44: All change orders, payment applications (AIA G702/G703 or equivalent), lien waivers (conditional and unconditional), and mechanics' lien filings relating to the Property.

Request No. 45: All architectural drawings, engineering plans, specifications, shop drawings, and as-built drawings for the Property.

Request No. 46: All construction schedules, daily logs, inspection reports, punch lists, and certificates of substantial completion for work on the Property.

SECTION L: COMMUNICATIONS

Request No. 47: All correspondence, emails, text messages, and other communications between you and [________________________________] [identify opposing party or relevant third party] relating to the Property or the Transaction.

Request No. 48: All correspondence, emails, text messages, and other communications with any real estate broker, agent, or salesperson relating to the Property or the Transaction.

Request No. 49: All correspondence, emails, text messages, and other communications with any appraiser, inspector, surveyor, or environmental consultant relating to the Property.

SECTION M: MARKETING AND LISTING DOCUMENTS

Request No. 50: All MLS listings, offering memoranda, marketing brochures, advertisements, and promotional materials for the Property prepared during the Relevant Period.

Request No. 51: All photographs, videos, virtual tours, and drone imagery of the Property taken during the Relevant Period.

SECTION N: PROPERTY MANAGEMENT AND SMART BUILDING DATA

Request No. 52: All property management agreements, management reports, and maintenance logs for the Property during the Relevant Period.

Request No. 53: All work orders, service requests, and vendor contracts for maintenance and repair of the Property during the Relevant Period.

Request No. 54: All data from building management systems (BMS), building automation systems (BAS), energy management systems, and smart building IoT platforms for the Property, including HVAC performance data, energy consumption data, water usage data, and security/access logs, for the Relevant Period.

Request No. 55: All data from property management software (e.g., Yardi, MRI, AppFolio, Buildium, RealPage) relating to the Property, including tenant records, maintenance records, financial records, and reporting data.

SECTION O: DISCLOSURE DOCUMENTS

Request No. 56: All property disclosure statements, seller's disclosure forms, transfer disclosure statements, and lead-based paint disclosure forms relating to the Property.

Request No. 57: All due diligence materials provided to or received from any prospective purchaser, lender, or investor in connection with the Transaction, including data room indices and access logs.

STATE-SPECIFIC VARIATIONS

California (Cal. Code Civ. Proc. sections 2031.010-2031.510)

☐ 35-Request Limit. California limits demands for inspection to 35 per party as of right, each category counting as one demand. A declaration of necessity under CCP section 2031.050 is required for sets exceeding 35 demands.

☐ Response Time. Responses are due within 30 days after service, with extensions for mail service (CCP section 2031.260).

☐ Statement of Compliance. The response must include a statement that the party will comply, that the party lacks the ability to comply, or an objection (CCP section 2031.210).

☐ ESI Format. If a demand for ESI does not specify a form, the responding party must produce it in the form in which it is ordinarily maintained or in a reasonably usable form (CCP section 2031.280(d)).

Texas (Tex. R. Civ. P. 196)

☐ No Numerical Limit in Rule. Texas does not impose a statutory limit on the number of production requests, though the court may limit discovery under Rule 192.4.

☐ Response Time. Written responses are due within 30 days after service, or 50 days for a defendant served before the answer is due (Tex. R. Civ. P. 196.2).

☐ Withholding Statement. A party who withholds material on the basis of privilege must state that material has been withheld and comply with Rule 193.3(a).

☐ Snap-Shot Rule. A party need only produce documents within its actual or constructive possession, custody, or control as of the date the response is due.

Florida (Fla. R. Civ. P. 1.350)

☐ No Numerical Limit. Florida does not impose a numerical cap on requests for production.

☐ Response Time. Responses are due within 30 days after service, or 45 days if served with the initial pleading on the defendant (Fla. R. Civ. P. 1.350(b)).

☐ Good Cause Objection. Upon objection, the court may order production upon a showing of good cause, and may impose conditions to protect against annoyance, embarrassment, oppression, or undue burden.

New York (CPLR 3120-3122-a)

☐ No Numerical Limit. New York does not impose a statutory cap on document demands.

☐ Response Time. Responses or objections are due within 20 days after service (CPLR 3122).

☐ Privilege Log Required. CPLR 3122 requires that any privilege claim be accompanied by a privilege log identifying the document, the privilege asserted, and the basis therefor.

☐ Certification. Under CPLR 3122-a, a party producing documents must provide a certification that a reasonable and good-faith search has been conducted and that, to the best of the certifying party's knowledge, all responsive documents have been produced.

PRIVILEGE LOG FORMAT

If any responsive document is withheld on the basis of privilege, provide the following information for each withheld document:

CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the
foregoing REQUESTS FOR PRODUCTION OF DOCUMENTS — REAL ESTATE upon all counsel
of record and unrepresented parties by:

☐ Electronic filing/service via [________________________________]
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Hand delivery
☐ Overnight courier
☐ Email to: [________________________________]

to the following:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

________________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]

PRACTICE NOTES

1. ESI Protocol. Consider proposing an ESI protocol early in litigation addressing search terms, custodians, date ranges, de-duplication, production format (native, TIFF, PDF), metadata fields, and cost-sharing for ESI from property management systems and smart building platforms.

2. Clawback Agreement. Consider entering a clawback agreement or stipulated protective order under Fed. R. Evid. 502(d) to protect against inadvertent disclosure of privileged documents.

3. Proportionality. Requests should be proportional to the needs of the case under Fed. R. Civ. P. 26(b)(1). Be prepared to justify the relevance and proportionality of requests for extensive property management data, financial records, and smart building data.

4. Third-Party Records. For documents in the possession of non-parties (e.g., title companies, lenders, governmental agencies), use a subpoena duces tecum under Fed. R. Civ. P. 45 or the applicable state subpoena rule.

5. Real Estate-Specific ESI Sources. Modern real estate litigation increasingly involves ESI from property management platforms (Yardi, MRI, AppFolio), building management systems, smart building IoT sensors, energy monitoring platforms, security camera systems, and access control logs. Identify these sources during the Rule 26(f) conference.