Request for Production of Documents
(RFP) (VA)

Summary

This template is a request for production of documents and things (RFP) issued between parties during discovery in a Virginia circuit court case. This template is drafted as a request from a defendant to a plaintiff but can be customized according to the specific facts of your case. This template includes practical guidance, drafting notes, and an optional clause. Va. Sup. Ct. R. 4:9 governs RFPs in Virginia's circuit courts and it states that a party may serve on any other party a request to inspect and copy documents, electronically stored information (ESI), and tangible things, or to permit entry onto designated land or property for the purpose of inspecting the property. Va. Sup. Ct. R. 4:9(a). A written response is required within 21 days of service of the request, except that a defendant may respond within 28 days of being served with the complaint. Va. Sup. Ct. R. 4:9(b)(ii). Note that an RFP under Rule 4:9 is proper for production of "items in the responding party's possession, custody, or control." Va. Sup. Ct. R. 4:9(a). Documents in the control or possession of a non-party must be requested by subpoena under Rule 4:9A. There is no specified time for sending RFPs, but sending RFPs early in the case allows you to have the documents and other evidence for deposition questions, and to identify potential deposition witnesses. Another advantage of early discovery is that you may receive responses before the case management conference, allowing you to use the conference to informally narrow any discovery issues without the need to file a motion to compel. The discovery of ESI is governed by Rule 4:1(b)(7) and 4:9, and is generally treated as any other production of either documents or tangible property. Although case law is still developing, electronic evidence is generally governed by the traditional test of balancing burden against relevance and the likelihood to lead to relevant evidence. An additional consideration in the recovery, production, and possible conversion of electronically stored information is the balancing of costs, when the producing party is asked to recover and produce such data in a particular format. Remember that the rule requires that you state your requests with "reasonable particularity." Va. Sup. Ct. R. 4:9(b)(i). Do not waste discovery on standardized requests that won't advance your case strategy. While a request for "any and all documents relating to the incident," seems to cover a broad variety of documents, it is not particular enough, should a challenge to the RFP be lodged. On the other hand, if you are aware of a specific document or piece of evidence that you want, ask for it in your RFP. This template assumes the defendant is propounding RFPs. If you represent the plaintiff, customize accordingly. To learn more about RFPs, see Document Requests: Drafting and Serving RFPs (VA) and Document Requests: Responding to RFPs (VA). For a related template, see Objections and Responses to Requests for Production of Documents (VA). For related treatise content, see Friend's Virginia Pleading and Practice § 11.08.