EXHIBIT 9:1 ■ Request for Production, Inspection, and Copying of Documents, and Inspection and Photographing of Things and Real Property—General Form [FED. R. CIV. P. Rule 34] [Title of Court and Cause] Plaintiff A_______ B_______ requests defendant C_________ D_______ to respond within _____ days to the fol- lowing requests: (1) That defendant produce and permit plaintiff to inspect and to copy each of the following documents: [Here list the documents either individually or by category and describe each of them.] [Here state the time, place, and manner of making the inspection and performance of any related acts.] (2) That defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the following objects: [Here list the objects either individually or by category and describe each of them.] [Here state the time, place, and manner of making the inspection and performance of any related acts.] (3) That defendant permit plaintiff to enter [here describe property to be entered] and to inspect and to pho- tograph, test, or sample [here describe the portion of the real property and the objects to be inspected]. [Here state the time, place, and manner of making the inspection and performance of any related acts.] _____________________________ Attorney for Plaintiff Address: _____________________ Source: Reprinted with permission of West Group. © 2008 Thomson Delmar Learning EXHIBIT 9:2 ■ Example of a Production and Inspection Request Form UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF COLUMBIA ANN FORRESTER, Plaintiff v. Civil Case, File No. _____ MERCURY PARCEL SERVICE, INC., Defendant PLAINTIFF’S REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS, THINGS, AND REAL PROPERTY According to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff requests Defendant Mercury Parcel Service to respond within thirty days to the following requests: 1. That Defendant produce and permit Plaintiff to inspect and to copy each of the following documents: a. The specific rules and regulations of the Interstate Commerce Commission requiring regular safety checks, maintenance, and repair of vehicles used in interstate commerce. b. Defendant’s file copies of all Form 2010s submitted to the ICC between Feb. ____ and Jan. ____. c. All Form ICC-2010As recording the regular maintenance and safety checks on van number 23 over the two-year period preceding the accident on February 26, ____. (continued) © 2008 Thomson Delmar Learning EXHIBIT 9:2 ■ Example of a Production and Inspection Request Form (continued) d. All Form ICC-2010As for all other Defendant’s delivery vehicles over the two years preceding the accident. e. All Form ICC-2015s recording complaints and needed repairs and subsequent repairs made to van number 23 for the two years preceding the accident. f. All Form ICC-2015s on all other vehicles for the two years preceding the accident. g. All photographs or negatives thereof that Defendant had taken of the accident scene and the damage to the van. Plaintiff will inspect and copy these items at the office of Plaintiff’s attorney on November 1, ____ at 9:00 A.M., or at any other reasonable time and place convenient to counsel in this action. _______________________ Arthur White Attorney for Plaintiff (address) (phone number) © 2008 Thomson Delmar Learning EXHIBIT 9:3 ■ Document Production Original Source Log New File No. Description Source F-1 Maint. form 20’s_____ Merc. Parcel Rm 108 drawer 31 Ralph Johnson F-2 Maint. form 20’s_____ Merc. Parcel Rm 108 Dr. 31 R. Johnson F-3 Driver Hour Logs ____ Merc. Parcel Rm 108 Dr. 81 Betty Robinson © 2008 Thomson Delmar Learning EXHIBIT 9:4 ■ Place Documents in an Upright Position © 2008 Thomson Delmar Learning EXHIBIT 9:5 ■ Response to Request for Production—General Form [FED. R. CIV. P. Rule 34] [Title of Court and Cause] ___________________ Attorney for Plaintiff Address: ____________ In response to plaintiff’s request to produce and for inspection in the above-entitled action, served upon plaintiff [date], ____, the inspection and related activities requested will be permitted at [if a different place than requested] with respect to each item and category as requested [add “with the exception of Items as follows, _______, to which inspection defendant objects, respectfully on the following grounds:” list each request objected to, the objection and the reasons__________][or, the inspection and related activities requested are objected to on the ground that ____________]. Yours, etc. ________________________ Attorney for Defendant Address: _______________ Source: Reprinted with permission of West Group. ©2008 Thomson Delmar Learning EXHIBIT 9:6 ■ Motion for Compulsory Physical Examination [FED. R. CIV. P. Rule 35(a)] [Title of Court and Cause] Defendant, ________, moves the court for an order requiring the plaintiff, ______, to submit to a physical examination [to be made by ______ describe examiner or examiners, or by a competent ________ describe type of examiner or examiners designated by the court, at ________ or as the court shall order,] for the pur- pose of determining the exact nature and extent of his [or, her] injuries, if any, and the disabilities, if any, resulting therefrom [or for an order requiring the plaintiff ________, the Guardian of _________ to produce _______, for whose injuries the above entitled action is brought, to submit, etc, or include appropriate des- ignations of the party and person under his legal custody and control]. The ground of this motion is that there is a controversy between the plaintiff and defendant as to the physical injuries, if any, sustained by the plaintiff [or ______], and the disability, if any, resulting therefrom, and that the physical examination of the plaintiff [or__________] is necessary in order that the defendant, __________, may be in a position to defend as to the claimed injuries of the plaintiff [or _______], as is more fully shown in the affidavit of __________ hereunto annexed as Exhibit A [designate record and any other supporting documents]. [Date] _______________________ Attorney for Defendant Address: _______________ Source: Reprinted with permission of West Group. ©2008 Thomson Delmar Learning EXHIBIT 9:7 ■ Notice to Client of Physical Examination WHITE, WILSON & MCDUFF ATTORNEYS AT LAW FEDERAL PLAZA BUILDING, SUITE 700 THIRD AND MARKET STREETS LEGALVILLE, COLUMBIA 00000 (111) 555-0000 December 15, _____ Ms. Ann Forrester 1533 Capitol Drive Legalville, Columbia 00000 Dear Ms. Forrester: You may recall I mentioned in our initial interview the possibility that the other side in this case may request an examination by a doctor of their choosing to confirm the existence and extent of your injuries. Lynn Ott has contacted me to request such an exam. The exam is scheduled for January 23, _____, at 1:30 in the afternoon. The examining physician is Dr. Melissa Ward, whose office is at 1644 Fountain Drive near exit 103 off I-275 in Legalville. Please make arrangements to be at Dr. Ward’s office at the appointed time. The exam will consist of a routine examination of your injuries, brief strength and movement tests, and a dis- cussion with the doctor about your injuries and disabilities. The exam should last about an hour. Before going to the examination, you may choose to make a list of your injuries, treatments, pain, disabilities, and current status. A review of your injury diary should help you. You should cooperate fully in the exam and be sure neither to overstate nor understate the progress of your condition. Mr. White believes the exam will be beneficial to your case. If you have any concerns, please let me know. Very truly yours, Terry Salyer Paralegal ©2008 Thomson Delmar Learning EXHIBIT 9:8 ■ Federal Form 25: Request for Admission Under Rule 36 [Caption] Plaintiff A.B. requests Defendant C.D. within _____ days after service of this request to make the following admis- sions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list and describe each document.) 2. That each of the following statements is true. (Here list the statements.) Signed: __________________ Attorney for Plaintiff Address: _________________ ©2008 Thomson Delmar Learning EXHIBIT 9:9 ■ Response to Defendant’s Requests for Admissions (Caption omitted) The Plaintiff, ________, in answer to the Defendant’s request for admissions served on the _____ day of _______, ____, in the above stated matter, says: 1. Denied. However, Plaintiff admits that, apart from the fact that the premiums were waived by the terms of the policies on account of Plaintiff’s then existing total and permanent disability, premiums would have become due as set out in that statement. 2. Admitted. 3. Admitted in part and denied in part. Plaintiff admits that the check referred to in Statement No. 2, when deposited by the Defendant, was not honored by the bank. Plaintiff denies that the check was not paid thereafter. 4. Plaintiff objects to Request No. 4, which request is as follows: _______. The objection is: _________. (State as ground for objection that the requested admission is privileged, irrelevant or otherwise improper.) 5. Plaintiff can neither admit nor deny Request No. 5, which request is as follows: _______. This is because Defendant refused to permit Plaintiff to review the document in question pursuant to a proper request for production, and without said production, Plaintiff does not have the knowledge to admit or deny the request. __________________________ Attorney for ______________ (address) Source: Reprinted with permission of West Group. ©2008 Thomson Delmar Learning EXHIBIT 9:10 ■ Motion to Compel Production, Inspection, and Copying of Documents in Case of Objection or Failure to Respond Plus Rule 26(c) Certification—General Form [FED. R. CIV. P. Rules 34(b), 37(a)] [Title of Court and Cause] Defendant, _________, moves the court for an order requiring plaintiff, _______, to produce and to permit defendant to inspect and to copy or photograph each of the following documents [here list the documents and describe each of them].