LitSup_W4_A2

UNITED STATES DISTRICT COURT

DISTRICT OF

---------------------------------------------------------------X

NAME OF PLAINTIFF,

Plaintiff,

-against-

Docket Number:

NAME OF DEFENDANT,

Defendant.

----------------------------------------------------------------X

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, (Plaintiff or Defendant), ______________, hereby requests that (Plaintiff or Defendant), _______________________ produce the documents listed on Schedule A hereto within thirty (30) days of service at the offices of NAME AND ADDRESS OF REQUESTING ATTORNEY (the "Request"). This Request shall be deemed continuing, to the extent permitted by the Federal Rules of Civil Procedure ("F ed. R. Civ. P."), and Defendant, through its attorneys, shall serve upon Plaintiff supplementary document productions of any requested documents that are unavailable to Defendant at the time the original production is provided, but that become available at any time up to and including the time of trial.

GENERAL DEFINITIONS

1. "Correspondence" means any document that either constitutes a communication between two or more persons, or that summarizes the substance of such a communication, whether made directly to the author of the document or otherwise.

2. "Policy" or "Policies" mean any practice, procedure, method, rule, or regulation.

3. The word "agreement" means a contract, agreement, understanding, or arrangement, whether written or oral.

SPECIFIC DEFINITIONS

1. "Designation for Plaintiff" refers to plaintiff, _____________, and its attorneys, agents, employees, affiliates, successors, parent companies, predecessors, assignors, assignees, divisions, subsidiaries, partnerships, joint ventures, and each of its directors, officers, employees, agents or representatives, and members of any of those entities.

2. "Designation for Defendant”, refers to defendant, ___________________, and its attorneys, agents, employees, affiliates, successors, parent companies, predecessors, assignors, assignees, divisions, subsidiaries, partnerships, and joint ventures, and each of the directors, officers, employees, agents or representatives, and members of any of those entities.

3. "Complaint" refers to Plaintiffs Summons and Complaint dated ______________, 2005 in the above-captioned action.

4. "Answer" refers to Defendant's Answer dated _______________, 2005 in the above- captioned action.

5. "Counterclaim" refers to Defendant's Counterclaim in the Answer.

INSTRUCTIONS

1. All documents called for by this Request should be produced as they are kept in the usual course of business, organized, and labeled to correspond to the specific Request to which they relate. Please Bates stamp or otherwise number each document produced.

2. All pages now stapled or fastened together should be produced stapled or fastened together, and all documents, which cannot be legibly copied, should be produced in their original form.

3. This Request relates to all documents in the possession of Designation of party upon whom request is served or subject to Party’s custody and control, whether directly or indirectly. If any documents which Party is requested to produce were at any time, but are not at present, within its possession, custody or control, identify each such document and, separately with respect to each:

   1. state the date and describe the circumstances under which such document ceased to be within Party’s possession, custody or control;

   2. if the document was destroyed, identify each person who authorized or carried out the destruction, and identify all documents which relate or refer to such authorization or such destruction; and

   3. if the document or any copy thereof was transferred or delivered to another person, or is presently within the possession, custody or control of another person, identify such other person.

4. If any document requested below is withheld on the basis of any claim of privilege or otherwise, please provide in writing the following information about each such document:

   1. its date;

   2. the name, position and address of its author;

   3. the name, position and address of each person who received, read or saw the document or copies thereof;

   4. the subject matter and type of document; and

   5. the privilege claimed (e.g., attorney/client privilege, work product doctrine, etc.). For each document withheld under a claim of attorney work product, also state whether the document was prepared in anticipation of litigation or for trial and, if so, identify the anticipated litigation or trial upon which the assertion is based.

5. Each paragraph and subparagraph of this Request should be construed independently, and no other paragraph or subparagraph shall be referred to or relied on for the purpose of limiting its scope.

6. This Request is continuing. You shall promptly supplement your responses to this Request whenever any other responsive document not previously produced becomes known to you.

7. Unless otherwise specified, the time period encompassed by this Request is from State start date of documents requested to the present.

8. If, in responding to this Request, Party claims any ambiguity in interpreting either the Request or a definition or instruction applicable thereto, such claims shall not be utilized by Party as a basis for refusing to respond, but there shall be set forth as part of the response the language deemed to be ambiguous and the interpretation chosen or used m response.

9. Nothing herein should be construed to broaden or limit the scope of the Federal Rules or the Local Rules.

Dated: ____________________

(Location)

Respectfully Submitted,

Name of Attorney for requesting party

By: _________________________

Attorney (Initials & last 4 SSN)

Address of requesting attorney

Telephone # of requesting attorney

To: Name & address of attorney for party

SCHEDULE A