Breach of Contract Request for Production

					This document, Breach of Contract Request for Production of Documents, sets forth the
important documents that should be requested by a party in a breach of contract case.
This request covers all of the relevant areas pertinent to this sort of request, including
breach, damages and many others. This document can be easily altered to fit the user's
specific situation. This document should be used by attorneys or individuals that want
information about which type of documents to request in a breach of contract case.
DEMANDING PARTY:              ________________ [Instructions: Insert name of demanding
                              party]

RESPONDING PARTY:             ________________ [Instructions: Insert name of responding
                              party]

SET NUMBER:                   ________________ [Instructions: Since multiple sets of requests
                              are permitted, the User should set forth the number]

________________ [Instructions: Insert name of demanding party] hereby demands that
________________ [Instructions: Insert name of responding party], produce the documents
described herein, in accordance with ________________ [Instructions: Cite to governing law
that permits the discovery demand] and this notice.

         PLEASE TAKE NOTICE that ________________ [Instructions: Insert name of
responding party], is required to produce each and every document, paper, book, account,
letter, photograph, object or other tangible thing which fall within the categories described herein
which are in your possession, custody or control, at ________________ [Instructions: Set forth
location for delivery of documents]. Legible photocopies of front and back of each such
document will be accepted, in lieu of personal production of the originals, provided such
photocopies are received at the above address not later than the date and time required for the
production of such documents and things.

        It is not the intention of ________________ [Instructions: Insert name of demanding
party] to request production of privileged matter. If any materials requested are claimed to be
privileged, please list the following for each item claimed to be privileged:

1. A brief description of the nature and contents of the matter claimed to be privileged;
2. The name, occupation and capacity of the individual from who the privileged matter was
   sent;
3. The name, occupation and capacity of the individual to whom the allegedly privileged mater
   was directed;
4. The date the item bears; and
5. The privilege claimed.

If you object to the production of any document or category of documents, you must identify
with particularity any document being withheld from production, and set forth clearly the extent
of, and the grounds for, the objection.

        Full compliance with the request requires production of actual photographs or negatives.
Prints will be made at our expense and all photographs returned immediately thereafter.
Reproductions or other photocopies of any requested photographs will not be deemed in
compliance with the request.
        If any materials/documents requested herein are claimed to be privileged, or objections
are made on any ground, each such matter/document must be identified in such a manner that the
description will serve as a adequate basis for a motion to compel production. Such identification
should include (1) the name and capacity of the individual from whom the document emanated
and to whom it was directed; (2) the type of document (i.e., a letter, memorandum, report, etc.);
(3) the date the item bears; and (4) all “cc’s” and/or “bcc’s” on each such documents.

       PLEASE TAKE NOTICE that if you fail to identify or produce said documents or if
you object without substantial justification, ________________ [Instructions: Insert name of
demanding party] will move the Court for an order for compliance wherein reasonable
expenses and attorney’s fees may be required.

        PLEASE TAKE FURTHER NOTICE that ________________ [Instructions: Insert
name of demanding party] will object to admitting into evidence any documents predating the
date of the scheduled production, if a copy of such document is not produced at the time and
place herein indicated.

                                DOCUMENTS TO BE PRODUCED

REQUEST NO. 1:

        Any and all DOCUMENTS (“DOCUMENTS” a writing, as defined in
________________ [Instructions: Cite to relevant evidence code section in state that sets
forth definition for “document” or set forth definition in its entirety here], and includes the
original or a copy of handwriting, typewriting, printing, photostating, photographing, and every
other means of recording upon any tangible thing and form of communicating or representation,
including letters, words, pictures, sounds, or symbols, or combinations of them, including, but
not limited to, papers, agreements, contracts, notes, memoranda, correspondence, letters,
telegrams, statements, books, reports, studies, minutes, records, accounting books, maps, plans,
drawings, diagrams, photographs, analysis, surveys, transcriptions, and recordings of which you
have any knowledge or information, whether in your possession or under your control or not,
relating or pertaining in any way to the subject matters in connection with which it is used, and
includes, without limitation, originals, all file copies, and all other copies, no matter how or by
whom prepared, and all drafts prepared in connection with such writings, whether used or not)
relied on by YOU (“YOU, “YOUR” and “YOURSELF” means the responding party and
includes each person, agent, employee, insurance companies, their agents, their employees,
responding party’s attorneys, responding party’s accountants, responding party’s investigators,
and/or any other entity acting on responding party’s behalf) which show or tend to show that you
are entitled to ________________ [Instructions: Set forth basis for contract action], as stated
in Paragraph ________________ [Instructions: Set forth paragraph number] of your
complaint.



© Copyright 2012 Docstoc Inc.                                                                    3
REQUEST NO. 2:

      Any and all DOCUMENTS which show or tend to show that you are entitled to
________________ [Instructions: Set forth basis for contract action, if applicable], as stated
in Paragraph ________________ [Instructions: Set forth paragraph number] of your
complaint.

REQUEST NO. 3:

       Any and all DOCUMENTS which show or tend to show that there were any intentional
or negligent misrepresentations made to YOU by ________________ [Instructions: Set forth
the name of the demanding party].

REQUEST NO. 4:

All Documents that refer or relate in any way to ________________ [Instructions: Set forth the
basis for the contract action or any the claimed defenses. For example, fraud,
misrepresentation,     negligent       misrepresentation,     mistake,      undue      influence,
unconscionability, statute of frauds, duress, illegality, impossibility, novation, frustration of
purpose, etc.].

[Comment: If the lawsuit has numerous allegations or defenses, set forth each one
individually with its own request number]

REQUEST NO. 5:

       Any and all DOCUMENTS which show or tend to show a contract was formed between
you and ________________ [Instructions: Set forth the name of the demanding party].

REQUEST NO. 6:

All other Documents that You submitted to, or received from, Demanding Party.

REQUEST NO. 7:

Any and all DOCUMENTS which refute or tend to refute your claim that ________________
[Instructions: Set forth the name of the demanding party] breached a contract with You.

REQUEST NO. 8:

All Documents that refer or relate in any way to any contract or agreements (whether written or
oral) between You and Demanding Party.

REQUEST NO. 9:




© Copyright 2012 Docstoc Inc.                                                                  4
All Documents referring or relating to any meetings, telephone calls or other communications
between You and Demanding Party or any of its respective agents, employees or former
employees, relating to any topic whatsoever, since ________________ [Instructions: Set forth
date].

REQUEST NO.10:

All Documents that refer or relate in any way to relationship or correspondence between
________________ [Instructions: Insert names of relevant parties].

REQUEST NO. 11:

All audio or visual recordings (magnetic, digital, .wav or otherwise) that You made or caused to
be made of Demanding Party.

REQUEST NO. 12:

All Documents that refer or relate in any way to any damages or other monetary relief claimed
by You in the ________________ [Instructions: Set forth “complaint” or “answer”] in this
action.

REQUEST NO.13:

All Documents prepared by or for, received from, or provided to any expert witness You have
retained or intend to call at the trial of this matter.

REQUEST NO. 14:

All Documents that You may rely upon, refer to, employ, or otherwise use during the trial in this
case.

REQUEST NO. 15:

All Documents that You may rely upon, refer to, employ or otherwise use to support or oppose
any Motion for Summary Judgment filed in this case.

REQUEST NO. 16:

All Documents not produced in response to the above requests referring or relating to, discussing
or describing the matters and facts alleged in your ________________ [Instructions: Set forth
“complaint” or “answer”].

REQUEST NO. 17:

Any and all photographs, drawings, transparency, diagram, plat, or other graphic representations
of the scene of the events complained of in this action.


© Copyright 2012 Docstoc Inc.                                                                  5
REQUEST NO. 18:
Any written or recorded statements of any witness or party in connection with the events giving
rise to the present suit.

REQUEST NO. 19:
Any and all written contracts, notes, and correspondence between You and Demanding Party.

REQUEST NO. 20:
Any and all correspondence between the parties in connection with the events giving rise to the
present lawsuit.

REQUEST NO. 21:
Any and all invoices, bills, receipts and other documentary evidence in your possession related to
the alleged damages that are the subject matter of this action.

REQUEST NO. 22:
Any and all financial statements, checks, invoices and accounting records and books in your
possession related to the alleged damages that are the subject matter of this action.

REQUEST NO. 23:
Any and all tape recordings, sound reproductions, objects, photographs, motion pictures,
microfilm, computer data stored on magnetic tape, computer printouts, data processing cards or
tapes, and computer disks or diskettes in your possession related to the allegations that are the
subject matter of this action.
Dated: ________________ [Instructions: Insert date]

________________ [Instructions: Set forth “complaint” or “answer”]

Attorneys for ________________ [Instructions: Set forth “plaintiff” or “defendant”]
________________ [Instructions: Set forth name of demanding party]

[Comments: User should attach a proof of service with this request for production of
documents]




© Copyright 2012 Docstoc Inc.                                                                       6

				
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Description: This document, Breach of Contract Request for Production of Documents, sets forth the important documents that should be requested by a party in a breach of contract case. This request covers all of the relevant areas pertinent to this sort of request, including breach, damages and many others. This document can be easily altered to fit the user's specific situation. This document should be used by attorneys or individuals that want information about which type of documents to request in a breach of contract case.