California State Court Demand for Production and Inspection of Documents

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

[☐ UNLIMITED ☐ LIMITED] CIVIL JURISDICTION

[PROPOUNDING PARTY]'S DEMAND FOR PRODUCTION AND INSPECTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND TANGIBLE THINGS (SET [________]) TO [RESPONDING PARTY]

PROPOUNDING / RESPONDING PARTY INFORMATION

Attorney for Propounding Party:

I. INTRODUCTORY STATEMENT AND STATUTORY COMPLIANCE

Pursuant to Cal. Code Civ. Proc. §§ 2031.010 through 2031.060, Propounding Party [________________________________] ("Propounding Party") hereby demands that Responding Party [________________________________] ("Responding Party" or "You") produce and permit the inspection, copying, testing, or sampling of the documents, electronically stored information ("ESI"), and tangible things described below.

1. Authority and Scope. This Demand is made within the scope of permissible discovery set forth in Cal. Code Civ. Proc. § 2017.010, which permits discovery of any matter, not privileged, that is relevant to the subject matter of the pending action and either admissible in evidence or reasonably calculated to lead to the discovery of admissible evidence.

2. No Leave of Court Required. Under Cal. Code Civ. Proc. § 2031.050, a defendant may make a demand for inspection without leave of court at any time, and a plaintiff may do so on or after the date specified by statute. No leave of court is required to serve this Demand.

3. Date, Time, Place, and Manner of Production. Pursuant to Cal. Code Civ. Proc. § 2031.030(c)(2), the production, inspection, copying, testing, or sampling demanded shall take place on [__/__/____] at [____] [a.m./p.m.] at the offices of [________________________________], [address], or at such other time, place, and manner as the parties may agree in writing. In lieu of producing the items for inspection at that location, Responding Party may serve true and legible copies of the responsive documents and ESI upon counsel for Propounding Party on or before the response deadline.

4. Format of ESI. Pursuant to Cal. Code Civ. Proc. § 2031.030(a)(2) and § 2031.280, Propounding Party specifies that ESI be produced in the following form(s): [e.g., single-page TIFF images with corresponding searchable text/OCR load files, Concordance/Relativity-compatible metadata fields, and native files for spreadsheets, presentations, and audio/video].

II. DEADLINE FOR RESPONSE

Response Deadline. Pursuant to Cal. Code Civ. Proc. § 2031.260(a), Responding Party must serve a written response to this Demand, signed under oath as to the responses and signed by the attorney as to any objections, within thirty (30) days after service of this Demand, plus any additional time allowed for the method of service under Cal. Code Civ. Proc. §§ 1010.6 and 1013 (e.g., extension for service by mail or overnight delivery).

The form and content of the written response are governed by Cal. Code Civ. Proc. §§ 2031.210 through 2031.250. Each response must, as to each item or category, contain a statement of compliance, a representation of inability to comply, or an objection, in the same sequence and numbering as the demand. Any failure to serve a timely response may waive objections, including objections based on privilege or work product, pursuant to Cal. Code Civ. Proc. § 2031.300.

III. DEFINITIONS

For purposes of this Demand, the following terms have the meanings set forth below. These definitions apply regardless of capitalization.

1. "You," "Your," or "Responding Party" means [________________________________], and all present and former agents, employees, officers, directors, partners, members, representatives, attorneys, accountants, and all other persons or entities acting or purporting to act on Responding Party's behalf.

2. "Document" has the broadest meaning permissible under Cal. Evid. Code § 250 and Cal. Code Civ. Proc. § 2031.010, and includes every writing and recording of every kind, including drafts, non-identical copies, and any data or information stored in any medium.

3. "Electronically Stored Information" or "ESI" means information that is stored in an electronic medium, as used in Cal. Code Civ. Proc. § 2031.010(e), including email, text messages, instant messages, databases, metadata, voicemails, cloud-stored files, and information on servers, computers, mobile devices, and backup media.

4. "Tangible Thing" means any physical object, item, or sample, other than a document, that is within the scope of Cal. Code Civ. Proc. § 2031.010(b).

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

6. "Relating to," "Concerning," or "Referring to" means constituting, evidencing, describing, mentioning, reflecting, referring to, or in any way pertaining to, in whole or in part.

7. "Incident" means the events, acts, omissions, and circumstances giving rise to this action, as described in the operative pleadings.

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

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

IV. INSTRUCTIONS

1. Manner of Production. Pursuant to Cal. Code Civ. Proc. § 2031.280(a), any documents or ESI produced in response to this Demand shall be identified with the specific request number(s) to which they respond. Documents shall be produced as they are kept in the usual course of business or organized and labeled to correspond with the categories in this Demand.

2. Possession, Custody, or Control. This Demand requires production of all responsive items within Your possession, custody, or control, including items held by Your agents, employees, attorneys, or other representatives.

3. Privilege and Work Product. If You withhold any item on a claim of privilege (including the attorney-client privilege) or as attorney work product under Cal. Code Civ. Proc. §§ 2018.010 et seq., You must, pursuant to Cal. Code Civ. Proc. § 2031.240(b)–(c), expressly assert the privilege or protection and provide a privilege log containing sufficient factual information to enable the other parties to evaluate the merits of the claim, identifying each withheld item by date, author(s), recipient(s), general subject matter, and the specific privilege or protection asserted.

4. Inaccessible ESI. If You object to producing ESI on the ground that it is from a source that is not reasonably accessible because of undue burden or expense, You must, pursuant to Cal. Code Civ. Proc. § 2031.210(d), identify in Your response the types or categories of sources of ESI that You assert are not reasonably accessible.

5. Form of Production for ESI. Pursuant to Cal. Code Civ. Proc. § 2031.280(d)–(e), if no form is specified for particular ESI, You shall produce it in the 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.

6. Inability to Comply. If You are unable to comply with any item, Your response shall comply with Cal. Code Civ. Proc. § 2031.230 by affirming that a diligent search and reasonable inquiry has been made, specifying whether the item never existed, has been destroyed, lost, misplaced, or stolen, or is no longer in Your possession, custody, or control, and identifying any person believed to have possession, custody, or control of the item.

7. Partial Objections. If only part of an item or category is objectionable, You shall respond to the remainder pursuant to Cal. Code Civ. Proc. § 2031.240(a).

8. Lost or Destroyed Items. For any responsive item that once existed but has been lost, destroyed, or is otherwise unavailable, identify the item, describe its contents, and state the circumstances and date of its loss or destruction.

9. Supplementation. This Demand is continuing. If You obtain or become aware of additional responsive items after serving Your response, You must promptly supplement Your production.

10. Construction. The singular includes the plural and vice versa; "and" and "or" shall be construed conjunctively or disjunctively as necessary to bring within the scope of the Demand all responses that might otherwise be construed outside its scope.

V. DEMANDS FOR PRODUCTION AND INSPECTION

DEMAND NO. 1: All Documents and ESI that relate to the Incident described in the operative pleadings.

DEMAND NO. 2: All Documents and ESI constituting, reflecting, or relating to any Communication between You and Propounding Party concerning the subject matter of this action.

DEMAND NO. 3: All Documents and ESI that support, evidence, or relate to each affirmative defense asserted in Your responsive pleading.

DEMAND NO. 4: All Documents and ESI that support or relate to Your denial of any allegation in the operative pleading concerning [________________________________].

DEMAND NO. 5: All contracts, agreements, amendments, and addenda between You and Propounding Party relating to [________________________________], including all drafts.

DEMAND NO. 6: All Documents and ESI relating to the negotiation, formation, performance, modification, breach, or termination of the agreement(s) identified in Demand No. 5.

DEMAND NO. 7: All Documents and ESI that relate to the damages claimed by any party in this action, including all calculations, supporting records, invoices, statements, and computations.

DEMAND NO. 8: All insurance policies (including primary, excess, umbrella, and surplus-lines policies) that may provide coverage for any claim asserted in this action, together with all reservation-of-rights letters and declarations pages.

DEMAND NO. 9: All Documents and ESI relating to any Communication with any non-party witness concerning the Incident or the subject matter of this action.

DEMAND NO. 10: All Documents and ESI identified, referenced, or relied upon in Your responses to any interrogatories or requests for admission served in this action.

DEMAND NO. 11: All photographs, video recordings, audio recordings, diagrams, and other depictions relating to the Incident or the items, conditions, or property at issue.

DEMAND NO. 12: All Documents and ESI relating to any policy, procedure, guideline, manual, or training material in effect during the Relevant Period concerning [________________________________].

DEMAND NO. 13: All Documents and ESI reflecting Your efforts to preserve potentially relevant Documents and ESI, including any litigation-hold notices issued in connection with this matter.

DEMAND NO. 14: All expert reports, opinions, and supporting materials prepared by or for any expert You expect to call at trial, to the extent discoverable.

DEMAND NO. 15: All Documents and ESI relating to any prior or pending claim, lawsuit, or administrative proceeding involving the same subject matter, parties, or events at issue in this action.

DEMAND NO. 16: [________________________________]

DEMAND NO. 17: [________________________________]

DEMAND NO. 18: [________________________________]

VI. SCOPE, PROPORTIONALITY, AND RESERVATION OF RIGHTS

This Demand seeks only matters within the scope of discovery permitted by Cal. Code Civ. Proc. § 2017.010 and is subject to any applicable limitations the court may impose under Cal. Code Civ. Proc. § 2017.020 (unwarranted or burdensome discovery) and § 2031.060 (protective orders). Propounding Party expressly reserves the right to serve additional demands, interrogatories, requests for admission, deposition notices, and other discovery, and reserves all objections and privileges available under California law. Nothing in this Demand shall be construed as a waiver of any right or as an admission concerning the relevance or admissibility of any matter.

VII. SIGNATURE

Dated: [__/__/____]

Respectfully submitted,

Signature: [________________________________]
[________________________________], Esq.
State Bar No. [________________________________]
Attorney for [Propounding Party]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

VIII. PROOF OF SERVICE

I am over the age of 18 and not a party to this action. I am employed in or a resident of the County of [________________________________], State of California. My business address is [________________________________].

On [__/__/____], I served the foregoing [PROPOUNDING PARTY]'S DEMAND FOR PRODUCTION AND INSPECTION OF DOCUMENTS (SET [____]) TO [RESPONDING PARTY] on the interested parties in this action by the method indicated below, in accordance with Cal. Code Civ. Proc. §§ 1010–1013 and 1010.6:

☐ By United States Mail — by placing a true copy in a sealed envelope with postage fully prepaid, addressed as shown below, and depositing it with the U.S. Postal Service (Cal. Code Civ. Proc. § 1013(a)).

☐ By Overnight Delivery — by depositing a true copy in a sealed envelope or package designated by the express service carrier, with delivery fees paid, addressed as shown below (Cal. Code Civ. Proc. § 1013(c)).

☐ By Personal Delivery — by personally delivering a true copy to the person(s) at the address(es) shown below (Cal. Code Civ. Proc. § 1011).

☐ By Electronic Service — by transmitting a true copy via electronic service to the electronic address(es) shown below, in accordance with Cal. Code Civ. Proc. § 1010.6 and applicable rules of court.

Served upon:

[________________________________], Esq.
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Email)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], California.

Signature: [________________________________]
Printed Name: [________________________________]

IX. PRACTICE NOTES

1. California Terminology. The Civil Discovery Act does not use "Request for Production." The device is a "demand for inspection, copying, testing, or sampling," commonly titled a Demand for Production and Inspection of Documents. Use this terminology consistently.

2. Reasonable Particularity. Each item or category must be described with reasonable particularity. Cal. Code Civ. Proc. § 2031.030(c)(1). Overbroad or vague demands invite valid objections.

3. 30-Day Response Deadline. Responses are due within 30 days of service, extended by the applicable period for the method of service (Cal. Code Civ. Proc. §§ 2031.260, 1010.6, 1013). In unlawful detainer and certain summary proceedings, the response period may be as short as 5 days (§ 2031.260(b)).

4. Not Filed With the Court. A demand and the response are generally served, not filed. They are filed only when relevant to a motion (e.g., a motion to compel under Cal. Code Civ. Proc. §§ 2031.300, 2031.310). See Cal. R. Ct. 3.250 regarding discovery documents not filed.

5. Privilege Log. A privilege log compliant with Cal. Code Civ. Proc. § 2031.240(c) is required to preserve privilege and work-product objections. Inadequate logs risk waiver.

6. Meet and Confer. A motion to compel further responses under Cal. Code Civ. Proc. § 2031.310 must be accompanied by a meet-and-confer declaration under § 2016.040 and is subject to a 45-day deadline running from service of the verified response.

7. ESI Format. Specify the form of ESI production in the demand. Cal. Code Civ. Proc. §§ 2031.030(a)(2), 2031.280. Consider an ESI protocol or stipulated order in document-intensive matters.

X. SOURCES AND REFERENCES

• Cal. Code Civ. Proc. § 2017.010 — Scope of Discovery
• Cal. Code Civ. Proc. § 2017.020 — Limitations; Unwarranted Discovery
• Cal. Code Civ. Proc. § 2031.010 — Demand for Inspection; Scope (Documents, ESI, Tangible Things, Land)
• Cal. Code Civ. Proc. § 2031.030 — Form and Content of Demand; Specification of ESI Form
• Cal. Code Civ. Proc. § 2031.040 — Service of the Demand
• Cal. Code Civ. Proc. § 2031.050 — Demand Without Leave of Court
• Cal. Code Civ. Proc. § 2031.060 — Motion for Protective Order
• Cal. Code Civ. Proc. §§ 2031.210–2031.250 — Form and Content of Response
• Cal. Code Civ. Proc. § 2031.240 — Objections; Privilege Log
• Cal. Code Civ. Proc. § 2031.260 — 30-Day Response Deadline
• Cal. Code Civ. Proc. § 2031.280 — Manner of Production; Form of ESI
• Cal. Code Civ. Proc. § 2031.300 — Failure to Respond; Waiver
• Cal. Code Civ. Proc. § 2031.310 — Motion to Compel Further Responses
• Cal. Code Civ. Proc. §§ 1010–1013, 1010.6 — Service of Papers
• Cal. Evid. Code § 250 — Definition of "Writing"
• California Courts (Self-Help and Forms): https://www.courts.ca.gov
• California Legislative Information (Codes): https://leginfo.legislature.ca.gov

This template is designed for use in the California Superior Court. Verify all Code of Civil Procedure citations, confirm any applicable local rules and standing orders, specify the form of ESI production, and tailor each demand to the specific claims and defenses at issue. Have the document reviewed by a licensed California attorney before service.