Rhode Island State Court Request for Production of Documents

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

[____________] COUNTY SUPERIOR COURT

C.A. 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 Rule 34 of the Rhode Island Superior Court Rules of Civil Procedure ("R.I. Super. R. Civ. P." or "R.I. 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 R.I. R. Civ. P. 26(b).

Time for Response. A written response is required within forty (40) days after service of this Request, except that a defendant may serve a response within sixty (60) days after service of the summons and complaint upon that defendant. R.I. R. Civ. P. 34(b). The court may allow a shorter or longer time. (Rhode Island's 40-day response period under Rule 34 is longer than the 30-day period used in most other jurisdictions and in the Federal Rules — calendar it carefully.)

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. The Responding Party may, in lieu of permitting inspection, serve 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" is used in the broadest sense permitted by R.I. R. Civ. P. 34(a) 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] and any agent, employee, representative, attorney, accountant, insurer, 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), 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. R.I. R. Civ. P. 34(b).

2. Format of ESI. Produce ESI in the form(s) specified below. Unless otherwise specified, produce ESI in its native format with all metadata intact, or in another reasonably usable form. If You object to a requested form, or if no form is specified, state the form(s) You intend to use. A party need not produce the same ESI in more than one form. R.I. R. Civ. P. 34(b).

3. Scope and Proportionality. Each Request seeks materials within the scope of R.I. R. Civ. P. 26(b) — i.e., any matter, not privileged, that is relevant to the subject matter involved in the pending Action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party. (Rhode Island retains the broader "subject matter" scope of discovery rather than the narrower federal "claim or defense" formulation.) 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, 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 R.I. R. Civ. P. 26(b)(5). 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. If You object to part of a Request, specify the objectionable part and produce the responsive materials as to the remainder. R.I. 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. 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 R.I. R. Civ. P. 26(e).

8. 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 R.I. R. Civ. P. 37(a).

9. Rules of Construction. The singular includes the plural and vice versa. "And" and "or" are construed either conjunctively or disjunctively as necessary to bring within the scope of a Request all materials that might otherwise be construed outside its scope. "Including" means "including but not limited to."

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 R.I. 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 forty (40) days after service, except that a defendant may respond within sixty (60) days after service of the summons and complaint. R.I. R. Civ. P. 34(b). Each response must, as to each item or category, either state that inspection will be permitted as requested or state with specificity the grounds for objecting. The court may allow a shorter or longer time. If service is by mail or electronically, add one (1) day to the response period under R.I. R. Civ. P. 6(d). All Requests are limited to nonprivileged matter relevant to the subject matter involved in the Action under R.I. R. Civ. P. 26(b).

V. SIGNATURE

Respectfully submitted this ____ day of ______________, 20____.

___________________________________
[ATTORNEY NAME], Esq.
Attorney for [PROPOUNDING PARTY]
[Rhode Island 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 R.I. R. Civ. P. 5, as follows:

☐ Electronic service through the Rhode Island Judiciary Electronic Filing System (EFS)
☐ 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], Esq.
Attorney for [PROPOUNDING PARTY]

SOURCES & REFERENCES

• R.I. Super. R. Civ. P. 34 — Production of Documents, Electronically Stored Information, and Things; Entry Upon Land for Inspection and Other Purposes (written response within forty (40) days after service of the request; defendant within sixty (60) days after service of the summons and complaint; ESI provisions; produce as kept in the usual course of business or labeled to correspond with the categories).
• R.I. Super. R. Civ. P. 26 — General Provisions Governing Discovery; scope of discovery (subject-matter relevance), R.I. R. Civ. P. 26(b); privilege-log requirement, R.I. R. Civ. P. 26(b)(5); duty to supplement, R.I. R. Civ. P. 26(e).
• R.I. Super. R. Civ. P. 33 — Interrogatories to Parties (companion written-discovery device; 40-day response; 30-interrogatory limit).
• R.I. Super. R. Civ. P. 37 — Failure to Make or Cooperate in Discovery; Sanctions; motion to compel under Rule 37(a).
• R.I. Super. R. Civ. P. 45 — Subpoena; production by nonparties.
• R.I. Super. R. Civ. P. 5 — Service and Filing of Pleadings and Other Papers; R.I. R. Civ. P. 6(d) — one added day for service electronically or by mail.
• Rhode Island Judiciary, Superior Court Rules of Civil Procedure: https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfCivilProcedure.pdf
• Rhode Island Judiciary, Superior Court Rules: https://www.courts.ri.gov/Legal-Resources/Pages/Superior-Court-Rules.aspx