Requests for Production of Documents and Things
(RFPs) (NC)

Summary

This template is a request for production of documents and things (RFP) issued between parties during discovery in a civil lawsuit in North Carolina Superior Court. You can customize it according to the specific facts of your case. This template includes practical guidance and drafting notes. N.C. R. Civ. P. 34(a) governs RFPs in North Carolina Superior Court, and it states that a party may serve on any other party a request to inspect and copy documents, electronically stored information, and tangible things, or to permit entry onto designated land or property for the purpose of inspecting the property. A written response is required within 30 days of service of the request, unless the RFPs are received within 45 days after service of the summons and complaint. N.C. R. Civ. P. 34(b). The discovery of ESI is governed by N.C. R. Civ. P. 34(b) and N.C. R. Civ. P. 26(b) and is generally treated as any other production of either documents or tangible property. See N.C. R. Civ. P. 34, Comment. 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. There are many times when you can use a template like this one for your RFPs, but always modify the document to fit the specific facts of your case. Remember that the rule requires that you state your requests with "reasonable particularity." See Rule 34(b). Don't waste discovery on standardized requests that won't advance your case strategy. However, 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.