Alabama State Court Request for Production of Documents

IN THE CIRCUIT COURT OF [____________] COUNTY, ALABAMA

CIVIL ACTION NO.: [__-CV-20__-______]

[PROPOUNDING PARTY]'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO [RESPONDING PARTY]

TO: [RESPONDING PARTY NAME], and its attorney(s) of record, [OPPOSING COUNSEL NAME].

Pursuant to Rule 34 of the Alabama Rules of Civil Procedure, [PROPOUNDING PARTY] ("Requesting Party") hereby requests that [RESPONDING PARTY] ("Responding Party") produce and permit the inspection, copying, testing, or sampling of the documents, electronically stored information ("ESI"), and tangible things described below, each of which is in the possession, custody, or control of the Responding Party and within the scope of discovery under Ala. R. Civ. P. 26(b).

Service note: Serve this discovery request on the responding party or its counsel. Ala. R. Civ. P. 5(d)(5) generally bars filing requests for production with the court except on court order, when used at trial, or in connection with a motion.

Time for Response. A written response is required within thirty (30) days after service of this Request, except that a defendant may serve a response within forty-five (45) days after service of the summons and complaint upon that defendant. Ala. R. Civ. P. 34(b). The court may allow a shorter or longer time. When this response period runs from service by mail or through the court's electronic-filing system, add three days after computing the base period under Rule 6(a). Ala. R. Civ. P. 6(d).

Requested Place and Manner of Production. Inspection is requested at [LOCATION] on [__/__/____] at [TIME], or the parties may agree to delivery of legible copies in an agreed format. The date, place, and manner must be reasonable under Ala. R. Civ. P. 34(b); the written-response deadline stated above is separate from any agreed production schedule.

I. DEFINITIONS

The following definitions apply to each Request and are deemed incorporated into each numbered Request below.

1. "Document" is used in the broadest sense permitted by Ala. R. Civ. P. 34 and includes any writing, drawing, graph, chart, photograph, sound recording, image, and other data or data compilation stored in any medium from which information can be obtained, translated if necessary into reasonably usable form. The term includes originals, drafts, and non-identical copies bearing any notation or marking.

2. "Electronically Stored Information" or "ESI" means any information created, stored, or utilized in digital or electronic form, including email, text and instant messages, word-processing files, spreadsheets, databases, calendars, voicemail, metadata, server and cloud-based data, social-media content, and any associated system or application data.

3. "Communication" means any transmission of information of any kind, whether oral, written, or electronic, including letters, memoranda, emails, text messages, notes, and records of telephone or in-person conversations.

4. "You," "Your," and "Responding Party" mean [RESPONDING PARTY NAME], including records held by others only to the extent those records are within that party's possession, custody, or control.

5. "Person" means any natural person, corporation, partnership, limited liability company, association, governmental entity, or other organization.

6. "Relating to," "relate to," or "concerning" means referring to, describing, evidencing, constituting, comprising, reflecting, discussing, mentioning, supporting, or contradicting, in whole or in part.

7. "The Action" means the above-captioned lawsuit.

8. "Relevant Period" means the period from [__/__/____] through the present, unless otherwise specified in a particular Request.

9. "Identify" (with respect to a Document) means to state its title or description, date, author(s), recipient(s), and present custodian or location.

II. INSTRUCTIONS

1. Manner of Production. Produce hard-copy documents that are not ESI as kept in the usual course of business, or organize and label them to correspond with the categories in these Requests. Ala. R. Civ. P. 34(b).

2. Format of ESI. Requested form(s) of ESI: [SPECIFY NATIVE FILES AND PARTICULAR METADATA, OR OTHER FORM(S)]. If You object to a requested form, or if no form is specified, state the form(s) You intend to use. If no form is specified, Rule 34(b) permits production in the form ordinarily maintained or in a reasonably usable form; the same ESI need not be produced in more than one form.

3. Scope and Proportionality. Each Request is limited to nonprivileged matter relevant to the subject matter involved in the pending action and proportional to the needs of the case, as provided by Ala. R. Civ. P. 26(b)(1). Apply the stated date range and subject matter of each Request.

4. Privilege or Protection Description. If You withhold any Document or ESI on a claim of privilege, work product, or other protection, make the claim expressly. These Requests constitute a written request under Ala. R. Civ. P. 26(b)(6)(A) for a description sufficient to permit assessment of the claim, to be served within 21 days unless otherwise ordered. Use a log identifying each item's date, author(s), recipient(s), general subject matter, and asserted privilege or protection.

5. Objections. If You object to any item or category, state the reasons for the objection. If You object to part of an item or category, specify the part and permit inspection of the remaining parts. Ala. R. Civ. P. 34(b).

6. Documents No Longer in Your Possession. If any responsive Document was, but is no longer, in Your possession, custody, or control, identify the Document, state its disposition, and identify its present custodian.

7. Supplementation. Supplement or amend a prior response when Ala. R. Civ. P. 26(e)(1)–(3) requires it: for specified witness or expert identification questions; when a response was incorrect when made or is no longer true and silence would amount to knowing concealment; or under a court order, party agreement, or new request for supplementation. A complete response does not create a general automatic continuing duty.

8. Failure to Respond. If You fail to respond or to permit inspection as requested, the Requesting Party may seek an order compelling discovery under Ala. R. Civ. P. 37(a), after the required attempt to resolve the dispute. Any expenses or sanctions depend on the rule's stated conditions and the court's order.

III. REQUESTS FOR PRODUCTION

Request No. 1

All Documents and Communications relating to [SUBJECT MATTER / TRANSACTION / EVENT AT ISSUE] during the Relevant Period.

Request No. 2

All contracts, agreements, amendments, addenda, and related drafts between You and [____________] relating to [SUBJECT MATTER].

Request No. 3

All Communications between You and [OPPOSING PARTY / NAME] concerning the subject matter of the Action, including all email, text messages, and letters.

Request No. 4

All Documents that You contend support, evidence, or relate to the allegations, claims, or affirmative defenses asserted by You in the Action.

Request No. 5

All Documents that refer or relate to the formation, performance, breach, or termination of the [AGREEMENT / RELATIONSHIP] at issue.

Request No. 6

All financial records relating to the damages claimed in the Action, including invoices, statements, ledgers, accounting records, and records of payment, for the period [__/__/____] through [__/__/____].

Request No. 7

All Documents supporting Your computation of damages (or, if You are the Responding Party defending the claim, all Documents that refute or mitigate the damages alleged), including the method of calculation and underlying data.

Request No. 8

All ESI — including email, text messages, and electronic files — relating to [SUBJECT MATTER], produced in native format with metadata, or in another reasonably usable form pursuant to Ala. R. Civ. P. 34(b).

Request No. 9

All insurance agreements under which any person carrying on an insurance business may be liable to satisfy all or part of a possible judgment in the Action or to indemnify or reimburse for payments made to satisfy the judgment, together with any reservation-of-rights or coverage-position correspondence.

Request No. 10

All photographs, video recordings, audio recordings, diagrams, or other visual or tangible depictions relating to the [INCIDENT / PROPERTY / CONDITION] at issue.

Request No. 11

All Documents identifying or relating to each Person with knowledge of the facts at issue, including witness statements, interview notes, and reports.

Request No. 12

All expert reports, disclosures, and supporting Documents for each expert witness You expect to call at trial, and all Documents reviewed or relied upon by each such expert.

Request No. 13

All Documents and Communications relating to any investigation conducted by or on behalf of You concerning the events giving rise to the Action.

Request No. 14

All Documents relating to any prior or subsequent claim, demand, lawsuit, or settlement involving the same subject matter, parties, or transaction at issue.

Request No. 15

All organizational documents, corporate records, policies, manuals, or guidelines of the Responding Party relating to [RELEVANT PRACTICE / STANDARD / PROCEDURE].

Request No. 16

All Documents You intend to introduce as exhibits at any hearing or trial of the Action.

Request No. 17

All Documents relating to [ADDITIONAL CUSTOM CATEGORY — DESCRIBE WITH REASONABLE PARTICULARITY].

Request No. 18

All Documents relating to [ADDITIONAL CUSTOM CATEGORY — DESCRIBE WITH REASONABLE PARTICULARITY].

IV. NOTE ON RESPONSE DEADLINE AND SCOPE

A written response to this Request is due within thirty (30) days after service, except that a defendant may respond within forty-five (45) days after service of the summons and complaint. Ala. R. Civ. P. 34(b). If this response period runs from Rule 5 service by mail or through the court's electronic-filing system, Rule 6(d) adds three days. Each response must, as to each item or category, state that inspection will be permitted as requested or state the reasons for an objection. The court may allow a shorter or longer time. These Requests are limited by Ala. R. Civ. P. 26(b)(1)'s relevance and proportionality requirements.

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[Ala. Bar No. ____-___-____]
[Firm Name]
[Street Address]
[City, State ZIP]
[Phone] | [Email]

VI. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of ______________, 20____, I served a true and correct copy of the foregoing [PROPOUNDING PARTY]'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS upon all counsel of record (or upon unrepresented parties) by a method authorized under Ala. R. Civ. P. 5, as follows:

☐ Electronic service through the AlaFile e-filing system to registered users
☐ Email to an unrepresented party as permitted by Ala. R. Civ. P. 5(b)(2)(F)
☐ U.S. Mail, first-class, postage prepaid
☐ Hand delivery
☐ Other: [____________]

Addressed to:

[OPPOSING COUNSEL / PARTY NAME]
[Street Address]
[City, State ZIP]
[Email]

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]

SOURCES & REFERENCES

• Ala. R. Civ. P. 34 — Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes (response within 30 days; defendant 45 days after service of summons and complaint; ESI provisions, eff. Feb. 1, 2010).
• Ala. R. Civ. P. 26 — General Provisions Governing Discovery; scope and proportionality, Ala. R. Civ. P. 26(b)(1); privilege/protection procedure, Ala. R. Civ. P. 26(b)(6); conditional supplementation, Ala. R. Civ. P. 26(e): https://judicial.alabama.gov/docs/library/rules/cv26.pdf
• Ala. R. Civ. P. 33 — Interrogatories to Parties (companion written-discovery device).
• Ala. R. Civ. P. 37 — Failure to Make Discovery; Sanctions; motion to compel under Rule 37(a).
• Ala. R. Civ. P. 45 — Subpoena; production by nonparties.
• Ala. R. Civ. P. 5 — Service and Filing of Pleadings and Other Papers.
• Alabama Judicial System, Rules of Civil Procedure: https://judicial.alabama.gov/library/rules