District of Columbia Superior Court Request for Production of Documents

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Civil Action No.: [____________]

Calendar/Judge: [____________]

[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 Superior Court of the District of Columbia Rules of Civil Procedure ("D.C. Super. Ct. R. Civ. P."), [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 D.C. Super. Ct. R. Civ. P. 26(b)(1).

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 (or within seventy-five (75) days after service upon the District of Columbia or its officer or agency, or the United States or its officer or agency). D.C. Super. Ct. R. Civ. P. 34(b)(2)(A). A shorter or longer time may be stipulated under Rule 29 or ordered by the Court.

Quoting Each Request. Pursuant to D.C. Super. Ct. R. Civ. P. 34(b)(2)(F), the Responding Party's responses and objections must identify and quote each Request in full immediately preceding the response or objection.

Place and Manner of Production. Production or inspection is requested at the time and place stated below. The Responding Party may state that it will produce copies of responsive documents and ESI instead of permitting inspection; production must then be completed by the specified inspection time or another reasonable time stated in the response. D.C. Super. Ct. R. Civ. P. 34(b)(2)(B).

Specified inspection or production time, place, and manner (Rule 34(b)(1)(B)): [DATE AND TIME: __/__/____, ____]; [PLACE OR ELECTRONIC DELIVERY METHOD: ________________________________].

Electronic copy of these Requests. If the Requesting Party is represented by counsel, counsel will promptly transmit a copy in a format allowing the other party to copy the text of each request electronically upon request. D.C. Super. Ct. R. Civ. P. 34(b)(3).

I. DEFINITIONS

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

1. "Document" is synonymous in meaning and scope with the usage of that term in D.C. Super. Ct. R. Civ. P. 34(a) and includes any writing, drawing, graph, chart, photograph, sound recording, image, and other data or data compilations stored in any medium from which information can be obtained, translated if necessary into a reasonably usable form. The term includes all tangible things, drafts, and non-identical copies.

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 responsive material held by its officers, employees, agents, or representatives to the extent within the Responding 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), type, Bates number (if assigned), and present custodian or location.

II. INSTRUCTIONS

1. Manner of Production. Produce each responsive Document as it is kept in the usual course of business, or organize and label the Documents to correspond with the categories in these Requests. D.C. Super. Ct. R. Civ. P. 34(b)(2)(E).

2. Format of ESI. Produce ESI in the form(s) specified below. The response may state an objection to a requested form. If You object to a requested form, or if no form is specified, You must state the form(s) You intend to use. If no form is specified, produce ESI in a form or forms in which it is ordinarily maintained or in a reasonably usable form. You need not produce the same ESI in more than one form. D.C. Super. Ct. R. Civ. P. 34(b)(2)(D)–(E).

3. Scope and Proportionality. Each Request is limited to nonprivileged matter relevant to a claim or defense and proportional to the needs of the case under D.C. Super. Ct. R. Civ. P. 26(b)(1).

4. Privilege Log. If You withhold any Document or ESI on a claim of privilege, work product, or other protection, You must (a) expressly make the claim and (b) describe the nature of the materials withheld in a manner that, without revealing the protected information, will enable the parties to assess the claim, as required by D.C. Super. Ct. R. Civ. P. 26(b)(5)(A). Provide a privilege log identifying, for each item withheld, its date, author(s), recipient(s), general subject matter, and the privilege or protection asserted.

5. Objections. If You object to any Request, state with specificity the grounds for the objection, including the reasons. An objection must state whether any responsive materials are being withheld on the basis of that objection. If You object to part of a Request, specify the objectionable part and permit inspection of the rest. D.C. Super. Ct. R. Civ. P. 34(b)(2)(C).

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. Duty to Supplement. You must supplement or correct a response in a timely manner when Rule 26(e) requires it, including when a material omission or error becomes known and has not otherwise been made known to the parties during discovery or in writing.

8. Failure to Respond. If You fail to respond or permit inspection as requested, the Requesting Party may seek an order compelling production under D.C. Super. Ct. R. Civ. P. 37(a), after satisfying that rule's in-person conference and certification requirements or its specified waiver procedure. Any expense award depends on the rule's conditions.

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 [SPECIFY FORM, E.G., SINGLE-PAGE TIFF WITH LOAD FILE AND EXTRACTED TEXT / NATIVE FORMAT WITH METADATA], or in another reasonably usable form pursuant to D.C. Super. Ct. R. Civ. P. 34(b)(2)(E).

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 concerning any litigation-hold, preservation, or document-retention or destruction efforts undertaken by You with respect to materials potentially relevant to the Action.

Request No. 17

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

Request No. 18

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

Request No. 19

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 (or seventy-five (75) days after service of the summons and complaint upon the District of Columbia or the United States, or an officer or agency of either). D.C. Super. Ct. R. Civ. P. 34(b)(2)(A). A shorter or longer time may be stipulated under Rule 29 or ordered by the Court; a stipulation extending a court-set deadline must comply with Rule 16(b). For each item or category, the response must either permit inspection or state specific objection grounds. Responses and objections must quote each Request in full immediately preceding the response. D.C. Super. Ct. R. Civ. P. 34(b)(2)(F). All Requests are limited by Rule 26(b)(1).

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[D.C. 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 D.C. Super. Ct. R. Civ. P. 5, as follows:

☐ Electronic service through the Court's authorized e-filing system for a registered user
☐ Email by written consent or as permitted by administrative order
☐ 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]
[D.C. Bar No. ____________]

SOURCES & REFERENCES

• D.C. Super. Ct. R. Civ. P. 34 — Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes (response within 30 days; defendant 45 days after service of summons and complaint; 75 days where the District/United States is served); Rule 34(b)(2)(D)–(E) ESI provisions; Rule 34(b)(2)(F) requiring each request to be quoted in full.
• D.C. Super. Ct. R. Civ. P. 26(b)(1) — scope and proportionality; privilege-log requirement, Rule 26(b)(5)(A); duty to supplement, Rule 26(e).
• D.C. Super. Ct. R. Civ. P. 33 — Interrogatories to Parties (companion written-discovery device).
• D.C. Super. Ct. R. Civ. P. 37 — Failure to Make Disclosures or to Cooperate in Discovery; Sanctions; motion to compel under Rule 37(a).
• D.C. Super. Ct. R. Civ. P. 45 — Subpoena; production by nonparties.
• D.C. Super. Ct. R. Civ. P. 5 — Serving and Filing Pleadings and Other Papers; Rule 29 (stipulations).
• D.C. Super. Ct. R. Civ. P. 5(d)(2) — Discovery requests and responses may be filed when appended to a relevant motion or opposition, used in a proceeding, or authorized by court order; otherwise serve and retain the request.
• D.C. Courts, Superior Court Rules of Civil Procedure: https://www.dccourts.gov/superior-court/rules
• Rule 34 (official text): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil%20Rule%2034.%20Producing%20Documents%2C%20Electronically%20Stored%20Information%2C%20and%20Tangible%20Things%2C%20or%20Entering%20onto%20Land%2C%20for%20Inspection%20and%20Other%20Purposes.pdf