Legal Definitions - document request

A document request, formally known as a Request for Production, is a legal tool used during the "discovery" phase of a lawsuit. It is a formal, written demand from one party in a legal case to another party, asking them to provide specific documents, electronically stored information (like emails or digital files), or tangible items that are relevant to the issues being disputed.

The purpose of a document request is to gather evidence and information that can help a party understand the facts of the case, prepare for trial, or potentially reach a settlement. The requested items must be relevant to the claims or defenses in the lawsuit and are subject to certain rules and limitations to prevent overly broad or burdensome requests.

Here are some examples illustrating how a document request might be used:

• Example 1: Personal Injury Lawsuit

  Imagine a person is suing a construction company after being injured by falling debris at a work site. The injured person's attorney might send a document request to the construction company asking for:

  • All safety inspection reports for the work site from the past year.
  • Training records for the employees involved in the incident.
  • Any internal incident reports or investigations related to the falling debris.
  • Maintenance logs for the equipment used at the time of the accident.

  This illustrates a document request because the attorney is formally demanding specific records (documents) from the construction company that could prove negligence or show a history of safety issues, which are central to the personal injury claim.

• Example 2: Business Contract Dispute

  Consider two companies, "Tech Solutions Inc." and "Global Widgets Corp.," involved in a lawsuit over an alleged breach of a software development contract. Tech Solutions Inc. believes Global Widgets Corp. failed to deliver the software on time and to specification. Tech Solutions Inc.'s legal team might send a document request to Global Widgets Corp. asking for:

  • All email communications between the project managers and development teams regarding the software's progress.
  • Internal project timelines and progress reports.
  • Financial records showing payments made and received under the contract.
  • Copies of any change orders or amendments to the original contract.

  This demonstrates a document request as it involves one company formally seeking specific electronic and paper records (emails, reports, financial documents) from the other company to establish whether the contract was breached and to calculate potential damages.

• Example 3: Divorce and Asset Division

  In a divorce case where a couple needs to divide their marital assets, one spouse's attorney might send a document request to the other spouse. This request could seek:

  • Bank statements and credit card statements for all accounts held individually or jointly over the last three to five years.
  • Investment account statements, including brokerage accounts, retirement funds, and 401(k)s.
  • Copies of all federal and state income tax returns for the past five years.
  • Deeds or titles to any real estate or vehicles owned.

  This is an example of a document request because the attorney is formally asking for financial records and property documents from the other spouse to ensure a fair and equitable division of assets and debts, which is a key part of divorce proceedings.