A car-accident lawsuit may involve requests for photographs, video, messages, app or phone records, vehicle data, policies, claim material, employment records, medical records, bills, repair documents, electronically stored information, tangible items, and inspection of a vehicle or location. A reliable response begins with the actual request and a source map, not a folder assembled from memory.

A document request identifies information to be searched for and produced or inspected; it does not prove that an item exists, that the recipient controls it, or that a screenshot is a complete production.

Read the Rule 34 request by item and source

North Carolina Rule of Civil Procedure 34 addresses requests to parties for documents, electronically stored information, tangible things, and entry onto designated property for inspection, measuring, surveying, photographing, testing, or sampling within the rule’s scope. The request should designate items with reasonable particularity and may specify a form for producing electronically stored information. Record every requested category separately.

  • Request number, exact item, definitions, date range, person, vehicle, account, device, application, location, and requested form
  • Likely custodian and system, ownership or access, possession, custody or control analysis, retention, overwrite, repair, disposal, or account-closure risk
  • Search terms or method, files collected, native format, metadata, attachments, linked material, duplicates, inaccessible source, and collection log
  • Responsive item, withheld item, objection, privilege or protection claim, confidentiality issue, redaction, production label, and delivery record
  • Inspection protocol, safety or privacy condition, testing method, alteration risk, participants, chain of custody, result, and later supplementation

Apply scope, limits, and electronic-information rules

Rule 26 addresses discovery scope and limits, including cumulative, duplicative, burdensome, expensive, privileged, protected, and electronically stored information issues. It defines electronically stored information to include reasonably accessible metadata that enables access to information such as date sent, date received, author, and recipients, while other metadata may require agreement or a court order on the showing described by the rule.

Preserve native evidence before converting it

A screenshot, printout, PDF conversion, cropped image, exported message, or copied spreadsheet can omit metadata, attachments, formulas, hidden fields, audit history, context, quality, or linked files. Keep the native source and document the device or system, account, collection person, date, method, tool, export settings, hash when used, copy history, and any change. A working copy should be labeled and kept separate from the preserved source.

Respond to possession, custody, or control accurately

For each requested item, identify whether it exists, where it is held, who can access it, and what steps were taken to locate it. Material held by a phone provider, social platform, hospital, repair facility, insurer, employer, government body, or another third party should not automatically be described as controlled by a party. At the same time, an item should not be omitted merely because a vendor, cloud account, employee, or agent stores it. The specific facts and governing law require review.

Plan vehicle and property inspections without changing the evidence

An inspection request should identify the vehicle, component, property, condition, location, scope, participants, equipment, imaging, downloads, tests, samples, destructive or nondestructive method, safety requirements, insurance, preservation, custody, and restoration. Record prior repair, movement, weather exposure, salvage, storage, scanning, or testing so the observed condition is not mistaken for the condition at impact.

Create a production index and privilege record

Assign a stable identifier to every produced file or item and record the request, source, custodian, date range, filename, native or converted form, metadata, page or item count, redaction, delivery method, and production date. When information is withheld as privileged or trial-preparation material, Rule 26 describes a claim and description sufficient to let other parties assess it without revealing the protected information. Inadvertent production has a separate process under the rule.

Resolve disputed or incomplete production through the applicable procedure

Rule 37 addresses motions to compel when a party fails to respond that inspection will be permitted or fails to permit inspection as requested, and it treats an evasive or incomplete answer as a failure to answer for the rule’s procedure. The motion described by the rule includes a good-faith conference certification. Preserve the request, response, objection, production index, conference history, remaining gap, burden evidence, and proposed resolution.

Verify completeness without claiming certainty

Compare the production against the source map, request list, known participants, event timeline, file counts, date ranges, applications, attachments, referenced-but-missing items, gaps, duplicate groups, and later-acquired material. Record sources that could not be accessed and why. Supplement or correct the response when the governing rule, agreement, new request, or court order requires it.

The related evidence timeline guide explains how to identify people, systems, native records, metadata, custody, and gaps before formal production begins.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about Charlotte car-accident lawsuits involving document and electronic discovery. The proper response depends on the actual request, current sources, applicable rules, agreements, protective terms, and court orders.

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