What Are Requests for Production in Personal Injury Cases?

A Request for Production (RFP) is a formal written discovery demand. In New York it is governed by CPLR § 3120. It requires the opposing party, or a non-party under subpoena, to hand over documents, electronic records, or physical evidence relevant to the case. That includes things like medical records, accident reports, and insurance information.

If you've just filed a personal injury lawsuit, a request for production is often one of the first pieces of legal paperwork you'll see. It can look scary. It's a numbered list of demands for records you may not have thought about since the accident. But the idea behind it is simple. Before a case reaches settlement or trial, each side gets to see the documents and physical evidence the other side is relying on. At The Orlow Firm, we've guided injured New Yorkers through discovery for over 40 years. Understanding what an RFP is, and what it isn't, takes a lot of the mystery out of a lawsuit.

The Law Behind Requests for Production: CPLR § 3120

In New York, requests for production come from CPLR § 3120. The statute lets any party in a lawsuit serve a written demand on another party. That demand asks them to produce and permit inspection of specific documents or things in their possession, custody, or control.

Two features of the statute are worth flagging right away, because people often get them wrong.

First, an RFP reaches broadly. It covers more than paper documents. It also reaches electronically stored information (ESI). That means emails, text messages, digital photos, and phone records. It reaches physical things too, like a broken product or a damaged bicycle. In a modern personal injury case, the electronic evidence is often more important than anything on paper.

Second, CPLR § 3120 also lets you aim a demand at someone who isn't a party to the lawsuit. You do this through a subpoena duces tecum. That's a subpoena that commands a non-party to produce records. The non-party might be a hospital, an employer, or a property owner who wasn't named as a defendant. This distinction matters a lot in New York cases, and we'll come back to it below.

Why Requests for Production Matter in a Personal Injury Case

Discovery exists so neither side walks into a settlement talk or a courtroom blind. An RFP is the main tool for building the paper trail behind an injury claim. It documents the medical treatment you received, the wages you lost, and the events of the accident itself.

This openness cuts both ways, and that's the point. Once both sides have traded the records, there's far less room for ambush. No surprise document shows up on the eve of trial. No hidden report changes the picture at the last minute. A case built on a full record can be judged fairly by everyone involved.

In New York City cases, requests for production often reach well beyond the named defendant. A single injury can involve a building owner, a management company, a maintenance contractor, and sometimes a city agency. Each one holds a different piece of the puzzle. So instead of one demand to one defendant, a plaintiff's attorney often serves document demands and subpoenas on several non-parties at once. That's how you assemble the full story of what happened and who was responsible.

What Can Be Requested in a Personal Injury Lawsuit

Because CPLR § 3120 reaches anything relevant to the claim, the documents requested in a personal injury case are wide-ranging. In practice, they tend to fall into a few familiar categories:

• Medical records, bills, and treatment notes: the core proof of your injuries and the cost of your care
• Police reports and incident reports: the official record of how the accident happened
• Insurance policies and claim correspondence: coverage documents, adjuster notes, and reservation-of-rights letters
• Photographs and video: scene photos, surveillance footage, dashcam recordings
• Employment and wage records: needed to prove lost earnings and reduced earning capacity
• Property damage estimates: repair invoices and appraisals for vehicles or other damaged property

Two items on that list deserve a closer look.

Insurance information used to be something plaintiffs had to fight for through a request for production. As we explain below, New York now requires defendants to share basic policy information automatically. But an RFP still reaches the material that automatic disclosure doesn't cover. That's the claim correspondence, the adjuster's notes, and the reservation-of-rights letters that show how the insurer has been handling the claim.

Social media is a different story. Defense attorneys often want access to a plaintiff's Facebook, Instagram, or other accounts. They're hoping to find posts that contradict the injury claim. New York's highest court has made clear that these requests aren't a free-for-all, but the standard isn't what many people assume. In Forman v. Henkin, the Court of Appeals rejected the idea that a plaintiff's private posts only become discoverable after the defense first points to something suspicious in the public part of the account. Instead, courts weigh whether the material sought is reasonably likely to be relevant to the claims at issue against the plaintiff's privacy interests, then tailor an order to what's actually relevant. Privacy settings alone don't shield an account from discovery once you've put your injuries at issue in the lawsuit.

How a Request for Production Differs From Other Discovery Tools

Requests for production are just one instrument in the discovery toolbox. It helps to see where they fit.

An RFP seeks tangible things: documents, ESI, and physical evidence. That's different from interrogatories. Interrogatories are written questions the other party must answer in writing and under oath. And it's different again from a deposition, which is live, sworn testimony given in person before a court reporter.

There's also a practical difference worth knowing. Interrogatories are capped at 25 questions (including subparts) in most cases unless the court says otherwise, and in negligence-based personal injury cases a party generally can't serve interrogatories on, and depose, the same party without the court's permission. Requests for production carry no such numerical cap. And through the subpoena mechanism in CPLR § 3120, they can reach non-parties directly. That flexibility is a big reason RFPs do so much of the heavy lifting in personal injury discovery.

The Timeline and Process for Responding

When you receive a request for production, there's a set process and a set clock.

Under CPLR § 3120(2), the demand must give the responding party at least 20 days to respond. Late responses can invite a motion, and repeated delay can carry consequences.

The response itself follows a fairly predictable path. You receive the demand and review it with your attorney. You gather the responsive records and produce what's appropriate. And you raise objections where the demand overreaches. That objection step comes from CPLR § 3122, and it carries a requirement that surprises many people. Objections have to state the reasons for each objection with reasonable particularity. Simply writing "overbroad" or "unduly burdensome" without explaining why is not a valid objection under New York law. The rule forces real reasons onto the page instead of reflexive stonewalling.

One more provision speeds things up on the back end. Under CPLR § 3122-a, non-party business records can be certified as self-authenticating. Think medical records from a hospital or employment records from an employer, obtained by subpoena. That certification lets the records come into evidence without dragging a records custodian into court to swear they're genuine. It saves everyone time and expense at trial.

What Happens If a Party Doesn't Comply

Discovery only works if both sides actually respond. So New York provides an enforcement tool when they don't.

If a party fails to respond or refuses to produce, the other side can bring a motion to compel under CPLR § 3124. That motion asks the court to order production. And if a party then defies a court order, the penalties under CPLR § 3126 climb fast. A court can bar the non-complying party from using the withheld evidence. It can deem the disputed issues resolved against them. It can strike their pleadings. In the most serious cases, it can dismiss the claim or defense entirely.

It's worth remembering that these rules apply to plaintiffs too. Failing to produce your own medical or wage records on time doesn't just frustrate the defense. It can delay your case and weaken the very damages claim you're trying to prove. Cooperating with legitimate discovery is usually in your own interest.

Protecting Your Privacy While You Comply

Producing documents doesn't mean handing over your entire life. New York's discovery rules have built-in limits, and there are extra tools to protect sensitive information.

The starting point is relevance. A demand only reaches material relevant to the claim. So anything outside that scope is a proper target for an objection. Beyond that, parties have two more tools. They can ask the court for a protective order, or enter a confidentiality stipulation. Either one keeps sensitive records from being used outside the case. Some details can also be redacted before production. That covers things like Social Security numbers or unrelated medical history.

Medical records get special handling. Federal HIPAA rules protect health information. So in a New York personal injury case, they're usually produced a specific way. That means signed authorizations, or a qualified protective order, not a simple demand. HIPAA isn't a wall against discovery. You've put your medical condition at issue by claiming injury. But it does shape how those records get exchanged.

There's also a genuinely newer development on the insurance side. Under CPLR § 3101(f), New York now requires defendants to share their insurance coverage information early and automatically. That includes the policy limits, the adjuster's contact information, and whether defense costs have already eaten into the available limit. For plaintiffs, this means the basic coverage picture arrives without a fight. What still requires a request for production is everything beyond that basic picture: the claim file, the correspondence, and the adjuster's notes.

How The Orlow Firm Helps With Discovery

Discovery rewards precision. That means knowing exactly what to produce, what to object to, and how to hit every CPLR deadline. Our attorneys handle that work so you don't have to guess. We frame specific objections that hold up under CPLR § 3122. We coordinate the multi-party subpoenas that New York premises and construction cases so often need. The goal is a complete, well-organized record. It should support your claim without exposing anything you don't have to disclose.

Sources & Official Resources

New York Laws Cited

1. CPLR § 3101: Scope of Disclosure (Insurance Agreement Disclosure)
2. CPLR § 3120: Discovery and Production of Documents and Things
3. CPLR § 3122: Objection to Disclosure, Inspection or Examination; Compliance
4. CPLR § 3122-a: Certification of Business Records
5. CPLR § 3124: Compliance, Compelling
6. CPLR § 3126: Penalties for Refusal to Comply with Order or to Disclose
7. 22 NYCRR § 202.20: Interrogatories

Court Decisions Cited 8. Forman v. Henkin, 30 N.Y.3d 656 (2018): Social Media Discovery Standard

Helpful Resources 9. New York State Unified Court System: Civil Practice Law and Rules

Contact The Orlow Firm

Maybe you've received a request for documents in your case. Or you aren't sure what you're legally required to produce. Either way, understanding your obligations is an important first step. The Orlow Firm has guided injured New Yorkers through discovery throughout Queens and New York City for over 40 years.

Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win.

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This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.