What is a Request for Production of Documents?
You can use a Request for Production of Documents to inspect and copy relevant documents in your spouse's possession. A Request for Production of Documents can only be used between the parties involved in the case. It cannot be used to discover information held by a third party (for information about obtaining information from third parties for your case, see the Subpoenas page of this guide).
What are "Documents"?
Documents include ESI (Electronically Stored Information). Such "documents" include email, pictures, computer files, etc. If you are requesting ESI to be produced, you should specify the form in which you prefer the ESI to be produced. See CCP sections 2020.410, 2020.510, 2025.220, 2016.020 for more information on electronic records.
How many Document Requests?
There is no limit to demands for production of documents (CCP2031.010(a)). However, you must be reasonable. You cannot request so many as to be unduly burdensome and expensive, annoying, embarrassing, or oppressive. Remember, what you serve on the other party, you may receive the same requests from the other side.
Drafting the Request
A Request for Production of Documents needs to be written on pleading paper because there is no court approved form. In your request, you need to state a date, time, and place where the documents are to be provided for you to inspect and copy. You should prepare a separate list of the items you want produced. Use a separate paragraph for each type of document. Number each paragraph. For instance, request federal tax returns in one paragraph, pension or retirement plans in another, and monthly bank statements in another. Ask for records back to the time when you think your spouse started thinking about divorce. However, be reasonable. The request must be specific so that your spouse can tell exactly which documents or items to produce.
You need to set your date for production at least 30 days after service of the demand (CCP §2031.030(c)(2)). You want to serve your demand at least 90 days before the trial to ensure there is enough time for documents to be produced and examined, and for any further motions to be made. The place for production of documents should be an office, or some other location with an available photocopy machine (CCP §2031.030(c)(2)-(3)).
Your spouse only has to produce items or documents of which he or she has custody or control. However, if he or she can get a copy easily, and you have no access, then he or she must get the copy for you. If your spouse gives the documents to his or her attorney, that does not make them subject to the attorney-client privilege.
The pleading must follow the pleading format indicated in the California Rules of Court, Rule 2.100. A sample pleading paper format for use in drafting the Request for Production of Documents can be downloaded at https://sandiegolawlibrary.org/pleading-paper-template/. Click on "Pleading Paper Template - Download."
Example of Request for Production of Documents
The following document is a modifiable template that contains the sample language of the Request for Production of Documents.
This sample is based on the book How to Manage a Contested Divorce in California, which is no longer being published and the CEB Family Law Financial Discovery, a resource that is available in print or in the Onlaw database at the law library. This sample is specific to questions focusing on expenses and only for use if that is the issue. If this is not an issue in your case, do not use these questions. Remember the questions must be relevant to your specific situation. The template is modifiable and can be edited to fit your needs. We recommend you do more research in our Library resources to select the best questions for your situation.
