Search Site
Menu
Discovery: What To Expect During The “Production Of Documents” Phase

You were injured in an accident that you believe was caused by someone else, which is often true in car accidents and slip or trip and falls. The other person may have been speeding, missed a road sign, or was driving recklessly. Alternatively, you may have fallen on someone’s commercial or private property due to poor lighting, a slippery surface, or an unmaintained sidewalk. Whatever the case, you feel that the other party is liable for your damages.

Because of this, you chose to file a personal injury claim, but were unfortunately unable to reach a settlement. At that point you filed a lawsuit, which the defendant responded to. Now, the discovery process–the pretrial phase dedicated to gathering evidence and developing court strategies–is underway.

The discovery process is complex because it consists of several phases (or tools) used to gather relevant information. Interrogatories and Requests for Production of Documents (RFP) are the first two litigation tools that a plaintiff has to gather information from the defendant. Requests for production of documents are a written tool, like interrogatories, used in a majority of personal injury lawsuits.

What are Requests for the Production of Documents?

Requests for production of documents go hand-in-hand with interrogatories because they’re both used in the initial written discovery phase of a personal injury lawsuit. There is some overlap between the two, as documents requested during this phase of discovery are often used to back up information that was gathered in interrogatories. For example, a plaintiff may use interrogatories to request the carrier name and policy limit for any liability policy of insurance that provided coverage to the defendant at the time of the incident. The plaintiff will then use the requests for production of documents to request copies of all policies of insurance that were identified in that interrogatory answer. Both parties have the ability to serve requests for production of documents to the other party.

Pursuant to Virginia Supreme Court Rule 4:9, a party has 21 days to respond to interrogatories and RFPs. If the plaintiff serves interrogatories and RFPs with the complaint, the defendant has 28 days to respond.

Objecting to Requests for the Production of Documents

In certain circumstances, you can object to having to produce a document requested by the defendant, such as if:

  • The requested information is protected by lawyer-client privilege
  • The documents are unduly burdensome to produce, such as if they were destroyed, lost, or go back several years.
  • The request is overly broad.
  • The requested information would not lead to the discovery of relevant admissible evidence.

Objections need to state whether any materials within your response are being withheld because of the basis of that objection. It is common for attorneys to go back and forth about what is and is not discoverable, both in requests for production of documents and other parts of the discovery phase.

If the attorneys for the plaintiff and defendant are not able to resolve the dispute concerning whether the requested documents are properly discoverable, the attorney for the party requesting the documents will file a motion to compel the production with the trial court, to which the opposing attorney responds in writing. The matter is set for a hearing before a trial judge, who conducts a hearing where the lawyers for both parties argue their respective position. The judge then rules which documents or categories of documents are discoverable and which are not.

Conclusion

Requests for the production of documents are a written tool used in the initial written discovery phase of most personal injury lawsuits. Frequently, the documents requested contain information that supplements what was discovered during interrogatories. Having tangible proof of this information helps your attorney prepare effective court strategies, oftentimes, with the documents produced by a defendant being used as an exhibit at trial to help prove your case.

In our next blog, we talk about another written discovery tool: requests for admissions.

Thomas J. Curcio Attorney Photo
Thomas J. Curcio
Founder

Tom Curcio, the driving force behind Curcio Law, is a dedicated trial lawyer with more than 37 years of experience in Northern Virginia. He has dedicated his career to representing people who have been seriously injured through no fault of their own. He works tirelessly to obtain the compensation his clients are legally entitled to…

Rakin Hamad Attorney Photo
Rakin Hamad
Associate

Rakin Hamad is a graduate of the George Mason Law School and joined Curcio Law as an associate in August 2018. Rakin works closely with Tom Curcio and staff in preparing cases from the initial client meeting through trial and has been a perfect fit for the firm. During law school, Rakin interned at the…

Justin Curcio Attorney Photo
Justin Curcio
Associate

Justin Curcio received his J.D. from St. John’s University School of Law in 2015, where he was awarded an academic scholarship. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Justin also spent a semester studying law at the University of Glasgow…

Riann  Winget Attorney Photo
Riann Winget
Legal Assistant/Receptionist

Riann Winget, a native Texan, graduated with a BA in Psychology and a Minor in Legal Studies from the University of Pennsylvania in 2017. She was a member of the varsity soccer team, Chi Omega Sorority, and was on the university board for Big Brothers Big Sisters. After graduation, she joined AmeriCorps and taught preschool…

Maureen Burke, RN, MSN Attorney Photo
Maureen Burke, RN, MSN
Nurse Consultant

Maureen Burke was born and raised in the Boston, Massachusetts area and relocated to the Alexandria area in 1984 where she and her husband raised their three children. Maureen graduated with a BS in Nursing from Saint Anselm College in Manchester, New Hampshire and an MS in Nursing from George Mason University. Maureen has worked at…

Client Reviews
  • google
    5.0/5.0

    Rakin Hamad has been such a blessing to work with. His patience and empathy for his clients is 100% amazing. I am very happy with this practice and their attention to my case. On my way to justice being served. Thank you Rakin (Curcio Law)

    Read more

    Sheila Bell-Cregg

  • google
    5.0/5.0

    Tom and his team are fantastic! He helped me settle a case for far more than I was able to negotiate on my own, and he will be the first person I call if anything happens in the future. He set reasonable expectationsand worked quickly which is exac...

    Read more

    Paul Lascko

  • google
    5.0/5.0

    I was represented by Justin Curcio, Esq . of Curcio Law for a personal injury claim. My experience with Curcio Law has been nothing but outstanding. I was kept apprised of the entire legal process, which was handled in a most professional, informati...

    Read more

    Richard Albano

  • google
    5.0/5.0

    After suffering a horrific motor vehicle accident, I contacted the Curcio Law firm. I was represented by Justin Curcio, Esq. I couldn't have been in more capable hands. Mr. Curcio handled every aspect of my case and kept me informed of each step a...

    Read more

    maria albano

  • google
    5.0/5.0

    I cannot recommend this firm highly enough. Rakin was thorough, professional, and worked hard to get my settlement. He made sure that I was informed about all of my options, he thoroughly explained every step of the process, and kept me informed all ...

    Read more

    Joel Thomas Ridenour

See all reviews
Awards & Memberships
Settlements & Verdicts
  • "$213,000.00 Jury Verdict, Auto Accident, Hand injury"

  • "$1,500,000.00, Auto Accident, Wrongful Death"

  • "$100,000.00, Auto Accident, Broken Leg"

  • "$493,000.00, Auto Accident, Brain injury, broken rib, facial lacerations"

  • "$190,000.00, Auto Accident, Brain injury"

Contact us

Quick Contact Form