Requests for Production of Documents and Things
(RFPs) (Defendant to Plaintiff) (PA)

Summary

This template is a defendant's request for documentation, information, and other tangible things from the plaintiff. It is structured, pursuant to Pa. R. Civ. P 4009.1, as a standard party-to-party discovery document request with definitions and numbered requests for a Pennsylvania civil case. This template contains practical guidance and drafting notes. A party can use these requests in a number of ways: • As part of standard document requests to another party • As part of a subpoena to obtain documents from an uncooperative party or a non-party • As part of a notice to attend and produce at deposition or hearing—for parties and non-parties In Pennsylvania, a party does not file discovery requests or responses with the court. In fact, Pa. R. Civ. P. 4002.1 states that discovery material shall not be filed unless relevant to a motion or other pretrial proceedings ordered by the court. Also, county courts are not usually set up to handle the type of paper volume that filing discovery creates. Instead, the party who serves the discovery can file the certificate of service with the court. The certificate then receives a time-stamp and creates an entry on the docket evidencing the fact that discovery was served, the date upon which it was served, and upon whom it was served. The party serves requests for production of documents, under Chapter 4000, by regular U.S., first class mail, postage prepaid upon the attorney for the opposing party, or the opposing party, if the party is pro se. If a party is represented, do not send the discovery to it directly, but only to that party "c/o" the attorney of record. The responding party has 30 days after the date of service to respond. The opposing party may produce the non-objectionable requested documents or make them available. The opposing party may object to all or any of the requests in the space provided below the request. Pa. R. Civ. P. 4009.12(a), (b)(1)–(2). The responding party may also respond by stating that "after reasonable investigation, it has been determined that there are no documents responsive to the request." Pa. R. Civ. P.4009.12(b)(5). The party serving the discovery has the ability to extend that 30-day discovery deadline without leave of court. See the full text of Pa. R. Civ. P. 4009.12, which sets forth certain requirements for responses and objections. This rule also governs large document requests where there is substantial cost and burden associated with production. Local rules of Pennsylvania's county court of common pleas usually conform and follow the state rules regarding discovery, but it is always a good idea to check the local rules regarding permitted discovery forms, scope, restrictions, and procedures regarding objections and motions to compel. For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA). For a plaintiff request for production of documents, see Requests for Production of Documents and Things (RFPs) (Plaintiff to Defendant) (PA). For more detailed information on requests for production in Pennsylvania, see Document Requests: Drafting and Serving RFPs (PA) and Document Requests: Responding to RFPs (PA). For checklists on this topic, see Document Requests: Drafting and Serving RFPs Checklist (PA) and Document Requests: Responding to RFPs Checklist (PA).