Request For Production Of Documents

Under the West Virginia Rules of Civil Procedure Rule 34, parties through their attorneys in a civil suit are permitted to serve upon any party a request to produce and to inspect and/or copy designated documents, which can include many types of evidence. Often, the documents to be produced are medical records, photographs, videos, charts and other documents.

If you are involved in a car accident suit in West Virginia, you will need to work with your lawyer’s office to gather the needed and requested documents. If you are a Plaintiff who was injured, the defense attorney will typically want all the medical records that you claim are related to the accident.

The defense attorney will also want prior medical records, sometimes requesting as far back as ten (10) years prior to your accident to later argue that your injuries were pre-existing, which means you had these injuries prior to this accident. If a jury believes that your injuries were not from the accident but preceded the accident, you will be unable to recover for these injuries. In almost every case and especially cases involving the soft tissues of the body, the defense attorney will argue that you had these injuries prior to the accident. They will request your prior medical records and the Circuit Court will permit them access to these records to aid them in this claim.

Examples of Interrogatories and Request for Production of Documents

After you and your lawyer have answered the questions and Requests for Production of Documents that the insurance company lawyer has asked for, these will be produced in writing and served on the opposing counsel. The other parties will also answer and provide your attorney with answers to interrogatories and request for documents, such as the following: