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Request for Production of Documents in Divorce

Examples of Information Requested in a Request for Production

Requests (also referred to as Demands) for production is exactly what it sounds like. It means that specific documents must be provided (produced) to the demanding party. Requests for production can also be used to test, measure, photograph, etc., physical evidence in the other party’s possession or control. They are very common in discovery and often are used in conjunction with form interrogatories. These requests can be critical in cases where the dispute centers around contracts and other written documents (e.g., pre-nuptial agreement, financial documents).

There are often laws that limit the number of discovery requests a party can make. For instance, in some types of actions, parties may be limited to asking only 40 questions, regardless of whether they are form interrogatories, special interrogatories, requests for admission or requests for production of documents. Other types of actions may provide for unlimited request for production, although being required to lead to discovering relevant and admissible evidence.

When it comes to requests for production of documents, it is important to review the laws and rules related to selecting dates and locations for the production of those documents. For instance, if you want to inspect the originals, select a reasonable location that will permit you to inspect, photocopy or test the items in the presence of the responding party or his or her representative. If you are permitting the production to be made by serving photocopies of the document, this option is being offered as a courtesy to the responding party. The responding party may produce the originals at the reasonable time and date specified in lieu of mailing photocopies, especially if photocopying the documents would create a burden.

Requests for Production

The following are examples of possible Requests for Production (seeking information about income for support purposes) that may be seen in a divorce:

  • Copies of your federal and state income tax returns and any communications regarding your tax returns from the Internal Revenue Service or state tax department for the three most recent tax years, including all supporting schedules, along with Forms W-2 and W-4 for corresponding years.
  • Copies of the federal income tax returns of any corporation or partnership in which you have a financial interest exceeding 10% for the three most recent tax years.
  • Copies of any gift and sales tax returns filed by you or any corporation or partnership in which you have a financial interest exceeding 10% for the three most recent tax years.
  • Copies of any patents and copyrights held by you or held by any corporation or partnership in which you have a financial interest exceeding 10%. 
  • Copies of the balance sheets and profit and loss statements of any corporation in which you have more than a 10% financial interest for the three most recent fiscal years.
  • Copies of all canceled checks and statements concerning checking accounts held in your name, singly or jointly, for the three most recent calendar years and the present calendar year to date.
  • Travel records, including itineraries, tickets, bills, and receipts for the last three years.

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