Oklahoma State Court Request for Production of Documents

IN THE DISTRICT COURT OF [____________] COUNTY, STATE OF OKLAHOMA

CASE NO.: [______________]

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 Section 3234 of Title 12 of the Oklahoma Statutes (Oklahoma Discovery Code), [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 Okla. Stat. tit. 12, § 3226.

Time for Response. A written response is required within thirty (30) days after service of this Request. Okla. Stat. tit. 12, § 3234(B)(2)(a). The thirty-day response period does not commence until an answer to the petition has been filed; and, unless the court orders or the parties agree otherwise, a defendant shall not be required to respond before the answer to the petition is filed. The court may allow a shorter or longer time.

Designated Response Date. The Responding Party shall serve its written response on or before [__/__/____].

Place and Manner of Production. This Request describes each item or category with reasonable particularity and specifies a reasonable time, place, and manner for inspection. 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. The Responding Party may, in lieu of permitting inspection, produce copies of the responsive documents and ESI.

I. DEFINITIONS

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

1. "Document" and "Electronically Stored Information" or "ESI" are used with the full breadth of meaning accorded by Okla. Stat. tit. 12, §§ 3226(A)(4) and 3234, and include 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, including drafts and non-identical copies bearing any notation or marking.

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

3. "You," "Your," and "Responding Party" mean [RESPONDING PARTY NAME] and any present or former parent, subsidiary, affiliate, division, officer, director, agent, employee, representative, attorney, accountant, insurer, or other person acting or purporting to act on its behalf.

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

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

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

7. "Incident" means the events alleged in Plaintiff's Petition dated [__/__/____].

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, Bates number, 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. Okla. Stat. tit. 12, § 3234(B)(2)(e)(1).

2. Format of ESI. This Request may specify the form(s) in which ESI is to be produced. If a Request does not specify a form, produce the ESI 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. Okla. Stat. tit. 12, § 3234(B)(2)(e)(2)–(3). If You object to a requested form, or if no form was specified, state the form(s) You intend to use.

3. Scope and Proportionality. Each Request seeks materials within the scope of Okla. Stat. tit. 12, § 3226(B)(1) — i.e., any nonprivileged matter relevant to a claim or defense, reasonably calculated to lead to the discovery of admissible evidence, and proportional to the needs of the case. Construe each Request broadly to bring within its scope all responsive materials that might otherwise be considered beyond its scope.

4. Privilege Log. If You withhold any Document or ESI on a claim of privilege, work product, or other protection from discovery, expressly make the claim and, if the court orders a privilege log under Okla. Stat. tit. 12, § 3237(A)(2), provide a log identifying, for each item withheld, the author(s), recipient(s), origination date, length, the nature or intended purpose of the document, and the basis for the objection, in sufficient detail to allow the court to rule on the claim without revealing the protected information.

5. Objections. For each item or category, the response shall either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting, including the reasons. An objection shall state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a Request shall specify the part and permit inspection of the rest. Okla. Stat. tit. 12, § 3234(B)(2)(b)–(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. These Requests are continuing in nature. You must seasonably supplement or correct any production that You learn is incomplete or incorrect, consistent with Okla. Stat. tit. 12, § 3226(E).

8. Failure to Respond. If You fail to serve a written response, to produce documents, or to permit inspection as requested, the Requesting Party may move for an order compelling production and for sanctions under Okla. Stat. tit. 12, § 3237, after a good-faith effort to confer.

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 the form(s) specified herein or, if none is specified, in a form in which it is ordinarily maintained or a reasonably usable form pursuant to Okla. Stat. tit. 12, § 3234(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. See Okla. Stat. tit. 12, § 3226(B)(1)(b).

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, training materials, or guidelines of the Responding Party in effect during the Relevant Period 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. Okla. Stat. tit. 12, § 3234(B)(2)(a). The thirty-day response period does not commence until an answer to the petition has been filed, and the court may allow a shorter or longer time. For each item or category, the response must either state that inspection will be permitted as requested or state with specificity the grounds for objecting. All Requests are limited to nonprivileged matter relevant to a claim or defense and proportional to the needs of the case under Okla. Stat. tit. 12, § 3226(B)(1).

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME]
Attorney for [PROPOUNDING PARTY]
[OBA 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 Okla. Stat. tit. 12, § 2005, as follows:

☐ Electronic service through the court's e-filing system
☐ Email to the address(es) of record
☐ 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

• Okla. Stat. tit. 12, § 3234 — Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes (§ 3234(B)(2)(a): response in writing within 30 days after service; the 30-day period does not commence until an answer to the petition is filed; § 3234(B)(2)(e): ESI form and usual-course-of-business production; § 3234(C): nonparty production via § 2004.1).
• Okla. Stat. tit. 12, § 3226 — General Provisions Governing Discovery; scope, proportionality, and limits under § 3226(B)(1); insurance-agreement production under § 3226(B)(1)(b); supplementation under § 3226(E).
• Okla. Stat. tit. 12, § 3233 — Interrogatories to Parties (companion written-discovery device; presumptive 30-interrogatory limit and 30-day/45-day response).
• Okla. Stat. tit. 12, § 3237 — Failure to Make or Cooperate in Discovery; Sanctions; motion to compel and privilege-log provisions under § 3237(A).
• Okla. Stat. tit. 12, § 2004.1 — Subpoena; production by nonparties.
• Okla. Stat. tit. 12, § 2005 — Service and Filing of Pleadings and Other Papers.
• Oklahoma Statutes, Title 12 (Civil Procedure): https://law.justia.com/codes/oklahoma/title-12/