Objections and Responses to Requests for Production of Documents
(CA)

Summary

This template contains responses and objections to requests for production of documents (RFPs) for use in a civil action in California superior court. The template illustrates the general structure and format of a response to RFPs. This template includes practical guidance, drafting notes, and optional paragraphs. RFPs, also referred to as inspection demands, are written requests served between parties in civil litigation seeking production of relevant documents and electronically stored information (ESI). Cal. Code Civ. Proc. § 2031.010. The required format of RFP responses is set forth in Cal. Code Civ. Proc. § 2031.210, as described in the drafting notes to this template. While parties are not required to repeat the text of the requests in the response, some attorneys find it helpful in preparing the responses and in the event the parties need to meet and confer or seek court intervention concerning the scope of the requests or responses. See Cal. Code Civ. Proc. § 2031.210(c). A party has the following options when responding to RFPs: • State that the responding party will produce all responsive documents • State that the party does not have responsive documents in its possession, custody, or control, explain the basis for the statement, and provide information about who may have possession, custody, or control of the documents • Object to a portion of the request and state either that the responding party will produce or that the responding party is unable to produce the requested documents, as described in the bullet above • Object to the entirety of the request • Seek a protective order For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). Examples of each of these options, as well as several commonly used objections, are included in the individual responses below. For additional discussion of responding to document requests, see Document Requests: Responding to RFPs (CA) and Document Requests: Responding to RFPs Checklist (CA). For discussion of the scope of discovery generally, see Scope of Discovery and Objections to Discovery (CA). Within 30 days of service of the requests, you must serve the responses on the party who propounded the RFPs and also serve copies on all other parties who have appeared in the action. Cal. Code Civ. Proc. §§ 2031.260(a), 2031.290(a). For discussion of service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). RFP responses must not be filed with the court, unless offered as relevant to an issue in a law and motion proceeding or other hearing or ordered filed for good cause. See Cal. Code Civ. Proc. § 2031.290(a); Cal. Rules of Ct., Rule 3.250(a)(9). Instead, the serving party retains the original and the proof of service until six months after final disposition of the case, unless otherwise ordered by the court for good cause. See Cal. Rules of Ct., Rule 3.250(b).