Respond to Request for Production

There is no form for your answer, but you typically have to respond in a specified format, using paper with numbers down the left-hand side, with your name and address at the top left, the name of the court and of the case, and the case number. This is called "pleading" paper. You may create pleading paper in your word processor, or download the sample pleading paper captioned and formatted for your answer below:

The checkbox version is best for completing responses in handwriting, while the blank one is best for typing your responses.

Complete the top portion

Complete the top caption with your name, address, and phone number, the names of the parties in your case, and case number. Copy the name of the Asking Party, Answering Party, and Set Number from the Request for Production.

Make a list of the items requested

Whether on a form or not, the Request for Production will have a numbered list of documents or items they want you to produce.

Make a list in the template. For each item, write “Response to Request for Production Number” followed by the number of the request.

Read the request very carefully. If you are using the checkbox response, check the appropriate response for each category. If you are typing responses, type in one of the following responses:

• If you have the documents and are producing them

  Check or type: “I will allow this request in whole and will provide the documents or things as requested.”

• If there are no documents to turn over, and no such documents have ever existed

  Check or type: "I cannot comply with the request because no such documents or things exist. A diligent search and reasonable inquiry have been made in an attempt to comply with this demand.”

• If you had them at one time, but no longer have them

  Check or type: “I cannot comply with the request because the documents or things are no longer in my possession and control. These items are as follows:” followed by a description of what documents you know of, and why you no longer have them.

• If you have some, but no longer have all of the documents or things requested

  Check or type: “I will allow the request in part but cannot wholly comply because some of the requested items are no longer in my possession and control. These items are as follows:” followed by a description of what you are not producing, and why those documents are no longer in your possession

It is also possible that you might object to one or more of the requests. To raise an objection you would write “Responding party objects on the grounds” followed by the basis of your objection(s). 

Example common objections

Once you are done, date and sign under the language “I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct.” By signing, you are stating that your answers are true and you could be prosecuted for perjury if they are not.

This perjury language is called a “verification,” and is required unless your responses contain only objections. For anything other than objections, if this language is missing it is considered the same as not responding at all.