Request for Production of Documents (RFP)
Demand that the opposing party produce documents, electronically stored information, or tangible things for inspection and copying.
Overview
A Request for Production of Documents (RFP, also called Document Request or Request for Inspection) is a discovery device under FRCP 34 compelling the opposing party to produce specified documents, electronically stored information (ESI), or tangible things for inspection, copying, testing, or sampling. In foreclosure defense, RFPs are arguably the most important discovery tool — they compel the lender to produce the documents it MUST have to foreclose: the original note, the mortgage/deed of trust, all assignments, the payment history, escrow statements, servicing notes, and communications. A well-drafted RFP can expose fatal defects in the lender's case: missing assignments, robo-signed documents, unauthorized fees, and dual tracking violations.
Purpose
- •Compel production of the original promissory note and all endorsements/allonges
- •Obtain the complete chain of assignments from origination to the current plaintiff
- •Get the complete payment history showing all payments, fees, and escrow transactions
- •Obtain servicing notes and internal communications regarding your loan
- •Acquire documents showing loss mitigation review, modification denials, and dual tracking
When to File
Serve as early as possible in the litigation — typically together with or shortly after interrogatories. Responses are due within 30 days (FRCP 34(b)(2)(A)). Serve early because document production often reveals information that leads to additional discovery (depositions, further interrogatories).
Timeline
Responses due: 30 days from service. Production typically follows within a reasonable time after response. If production is delayed, send a meet-and-confer letter. If the party will not produce, file a Motion to Compel.
Key Elements & Requirements
Caption: Court, case number, parties, title
Numbered requests: Each request for a specific category of documents
Definitions and instructions: Define key terms ('document,' 'communication,' 'relating to,' 'including')
Time for response: 30 days from service (unless otherwise agreed or ordered)
Place of production: Where the documents will be made available (typically at the producing party's attorney's office or electronically)
Certificate of service: Proof of service on all parties
Legal Standard
Under FRCP 34, a party may request documents that are in the responding party's possession, custody, or control and that are relevant to any party's claim or defense and proportional to the needs of the case. 'Control' includes documents the party has the legal right to obtain from others. Responses must: state that production will be permitted, object with specificity, or both. Objections must state whether any documents are being withheld on the basis of the objection.
Strategy & Tips
Structure your RFPs in tiers: Tier 1: Documents the lender MUST have to foreclose (original note, assignments, payment history). Refusal to produce these is highly suspicious. Tier 2: Documents related to servicing (escrow, fees, loss mitigation). These often reveal RESPA violations. Tier 3: Communications and internal policies. These are broader but can reveal institutional bad practices. If the lender objects to producing the note, immediately move to compel — inability or refusal to produce the original note may indicate a standing problem.
Court Filing Information
Where to File
RFPs are served on the opposing party — NOT filed with the court (FRCP 5(d)(1)). Certificate of service proves service.
Fees
No court filing fee. Photocopying costs: requesting party typically pays for copies.
Format
Numbered requests with caption and definitions.
Copies Required
Serve on each party + keep your copy.
Frequently Asked Questions
How many document requests can I serve?+
FRCP 34 sets no numerical limit on document requests (unlike interrogatories, limited to 25). However, requests must be proportional to the needs of the case. Excessively numerous or burdensome requests may draw objections. In foreclosure cases, 20-40 well-drafted requests typically cover all necessary documents. State courts may have different limits — check your local rules.
What if the lender says documents were 'lost' or 'destroyed'?+
A claim that key documents (especially the original note) are lost or destroyed should be challenged vigorously. Request: (1) details of the loss/destruction (when, how, by whom), (2) evidence of the search conducted, (3) policies and procedures for document retention, (4) the lost note affidavit or lost instrument bond. Inability to produce the original note with proper chain of endorsements is a critical standing defect that may support dismissal or summary judgment in your favor.
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