Georgia State Court Request for Production of Documents

IN THE SUPERIOR COURT OF [____________] COUNTY

STATE OF GEORGIA

Civil Action File No.: [____________]

[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 O.C.G.A. § 9-11-34, [PROPOUNDING PARTY] ("Requesting Party") hereby requests that [RESPONDING PARTY] ("Responding Party") produce and permit the inspection, copying, testing, or sampling of the documents 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 O.C.G.A. § 9-11-26(b).

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. O.C.G.A. § 9-11-34(b)(2). The court may allow a shorter or longer time.

Place and Manner of Production. Unless otherwise agreed, production shall be made at the offices of [REQUESTING PARTY'S COUNSEL, ADDRESS], or by delivery of legible copies (including electronic copies) to the undersigned, on or before the response date.

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 O.C.G.A. § 9-11-34 and includes any designated writing, drawing, graph, chart, photograph, phono-record, and other data compilation from which information can be obtained, translated if necessary by the Responding Party through detection devices 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 — within the meaning of "other data compilations" under O.C.G.A. § 9-11-34(a)(1) — 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] and any present or former officer, director, employee, agent, representative, attorney, accountant, insurer, predecessor, successor, or other person acting or purporting to act on its behalf.

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. Reasonable Particularity. This Request sets forth the items to be inspected by individual item or by category and describes each with reasonable particularity, and specifies a reasonable time, place, and manner of making the inspection and performing the related acts. O.C.G.A. § 9-11-34(b)(1).

2. 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.

3. Format of ESI / Data Compilations. Produce data compilations and ESI in [SPECIFY FORM, E.G., NATIVE FORMAT WITH METADATA / SINGLE-PAGE TIFF WITH LOAD FILE AND EXTRACTED TEXT], or in another reasonably usable form, translated if necessary into reasonably usable form pursuant to O.C.G.A. § 9-11-34(a)(1).

4. Scope. Each Request seeks materials within the scope of O.C.G.A. § 9-11-26(b) — i.e., any matter, not privileged, that is relevant to the subject matter involved in the pending Action. Construe each Request broadly to bring within its scope all responsive materials that might otherwise be considered beyond its scope.

5. Privilege Log. If You withhold any Document on a claim of privilege or as trial-preparation material, You must expressly make the claim and describe the nature of the materials withheld in a manner that, without revealing the protected information, will enable the parties to assess the claim, consistent with O.C.G.A. § 9-11-26(b). Provide a privilege log identifying, for each item withheld, its date, author(s), recipient(s), general subject matter, and the privilege or protection asserted.

6. Objections. If You object to any Request, state the reasons for the objection with respect to each item or category. If objection is made to part of an item or category, the part shall be specified, and the remainder produced. O.C.G.A. § 9-11-34(b)(2).

7. 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.

8. Duty to Supplement. These Requests are continuing in nature. You must seasonably supplement or correct any production that You learn is incomplete or incorrect, as required by O.C.G.A. § 9-11-26(e).

9. Failure to Respond. If You fail to respond or to permit inspection as requested, the Requesting Party may move for an order compelling production and for sanctions under O.C.G.A. § 9-11-37(a).

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 data compilations and ESI — including email, text messages, and electronic files — relating to [SUBJECT MATTER], produced in [SPECIFY FORM, E.G., NATIVE FORMAT WITH METADATA], or in another reasonably usable form pursuant to O.C.G.A. § 9-11-34(a)(1).

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. O.C.G.A. § 9-11-34(b)(2). The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the Request is objected to, in which event the reasons for objection shall be stated. All Requests are limited to matter, not privileged, that is relevant to the subject matter involved in the pending Action under O.C.G.A. § 9-11-26(b). Discovery timing is also governed by Uniform Superior Court Rule 5.1.

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
Georgia Bar No. [____________]
[Firm Name]
[Street Address]
[City, State ZIP]
[Phone] | [Email]

VI. CERTIFICATE OF SERVICE

I hereby certify that I have this day 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 O.C.G.A. § 9-11-5, as follows:

☐ Court e-filing-provider service (identify served contacts on the receipt)
☐ Statutory email in PDF format to all § 9-11-5(f) addresses, with "STATUTORY ELECTRONIC SERVICE" in the subject line
☐ U.S. Mail, first-class, postage prepaid
☐ Statutory overnight delivery
☐ Hand delivery
☐ Other: [____________]

Addressed to:

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

This ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
Georgia Bar No. [____________]

SOURCES & REFERENCES

• O.C.G.A. § 9-11-34 — Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes; Applicability to Nonparties; Confidentiality (response within 30 days; defendant 45 days after service of summons and complaint; "data compilations" translated into reasonably usable form).
• O.C.G.A. § 9-11-26(b) — scope of discovery; trial-preparation materials and privilege; duty to supplement, O.C.G.A. § 9-11-26(e).
• O.C.G.A. § 9-11-33 — Interrogatories to Parties (companion written-discovery device).
• O.C.G.A. § 9-11-37 — Failure to Make Discovery; Sanctions; motion to compel under § 9-11-37(a).
• O.C.G.A. § 9-11-5 — Service and Filing of Pleadings and Other Papers.
• Uniform Superior Court Rule 5.1 — Time for discovery.
• Georgia Code (official), via the Georgia General Assembly / Justia: https://law.justia.com/codes/georgia/title-9/chapter-11/article-5/section-9-11-34/