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

Summary

This template objections and responses to requests for production of documents is a model response attorneys can use to respond to a document request served in a New York state court litigation. This template includes practical guidance and drafting notes. A document request, also known as a notice to produce, is a written request served between parties in a civil litigation seeking production of relevant documents and electronically stored information (ESI). You must serve written responses to document requests. For each requested item or category, your response must state that your client will produce responsive documents unless you assert an objection. You must describe each document request response and objection with reasonable particularity. See N.Y. C.P.L.R. 3122(a)(1). If your client is served with a document request, you should set up a meeting or conference call with your client as soon as possible to discuss the documents they must gather. Be sure to discuss with your client: • Their discovery compliance obligations • Potential locations and custodians of paper and electronic materials • Penalties for concealing or destroying discoverable information, including: o Sanctions –or– o Striking pleadings • Any confidentiality concerns they may have or specific documents they may want to protect • The attorney-client privilege, work product doctrine, and other available protections Keep in mind that the scope of discovery under New York's Civil Practice Law and Rules (C.P.L.R.) is very broad. Document requests must relate to matters material and necessary to the action's prosecution or defense. See N.Y. C.P.L.R. § 3101. This includes any non-privileged matter that will lead to the discovery of evidence that is: • Admissible at trial –and– • Related to the litigation issues See N.Y. C.P.L.R. § 3101(a); Allen v. Crowell-Collier Publ'g Co., 21 N.Y.2d 403, 406 (1968); Polygram Holding, Inc. v. Cafaro, 839 N.Y.S.2d 493, 494 (1st Dep't 2007); Fell v. Presbyterian Hospital in New York at Columbia-Presbyterian Medical Center, 469 N.Y.S.2d 375, 377–78 (1st Dep't 1983); Weinstein, Korn & Miller, New York Civil Practice: C.P.L.R. P 3120.18. Accordingly, your client must produce all responsive documents in their possession, custody, or control. See N.Y. C.P.L.R. § 3101. You must produce your client's responsive documents: • As they are kept in the regular course of business –or– • Organized and labeled to correspond with the document request categories See N.Y. C.P.L.R. 3122(c). While you only need to make your client's documents available for inspection and copying, most attorneys serve the propounding party with a copy of their client's document production along with their written document request response. 22 NYCRR 202.20-c require parties to provide meaningful document request responses in cases pending in the Supreme Court, including those assigned to the Commercial Division. As the responding party, you must either state: • That your client will produce responsive documents as requested –or– • The grounds for any objection, with reasonable particularity See 22 NYCRR § 202.20-c(a); 22 NYCRR § 202.70(g) (Rule 11-e(a)). If you object to any specific request, you must identify: • Whether the objection pertains to all or part of the challenged request • Whether you will withhold any documents or categories of documents from production • Which objections correspond with the withheld documents or categories of documents –and– • How you intend to limit the scope of your client's document production See 22 NYCRR § 202.20-c(b); 22 NYCRR § 202.70(g) (Rule 11-e(b)). The response must contain, at the conclusion thereof, the affidavit of the responding party stating:: • Whether the document production is complete –or– • That there are no documents in its possession, custody or control that are responsive to any individual request See 22 NYCRR § 202.20-c(c); 22 NYCRR § 202.70(g) (Rule 11-e(d)). If your case is pending in the Commercial Division, you must communicate this information to the requesting party at least one month before fact discovery closes. See 22 NYCRR § 202.70(g) (Rule 11-e(d)). Your written document request response should contain the following sections, in this general order: • A caption and title • General responses and objections • Specific responses and objections • Signature block This template includes the necessary components of a complete set of document request objections and responses. You should consult your judge's applicable individual rules and standing orders to confirm that he or she does not require a specific document request response format. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on drafting and serving document requests, see Document Requests: Drafting and Serving RFPs (NY). For information on responding to document requests, see Document Requests: Responding to RFPs (NY). For information on producing ESI, see E-discovery: Planning for and Conducting E-discovery (NY). For model document requests, see Requests for Production of Documents (NY).