Fed.R. Civ. Pro. 34: Can You Require a Verified Statement That the Responding Party Has Searched for Responsive Documents

Often,  parties answers Requests for Production by stating that they have "no documents".  Because written responses to Requests for Production are not verified, it is difficult to insure that the responding party has made a meaningful search for the requested documents. 


Some courts will require a responding party to verify, under oath, that they have searched for responsive documents and none have been found. This is particularly true where there is extrinsic evidence that the documents should exist.

if there is reason to believe that the response is incomplete or incorrect, the court may require a certification that the respondent "ha[s] conducted a search for the information reasonably available to them through their agents, attorneys, or others subject to their control and has[] determined that the information requested either does not exist or that is has been produced." Ordinarily, a sworn statement that a party has no more documents in its possession, custody or control is sufficient to satisfy the party's obligation to respond to a request for production of documents

Eramo v. Rolling Stone LLC, 2016 U.S. Dist. LEXIS 80794, *5-6 (W.D. Va. June 21, 2016) quoting Meeks v. Parsons, No. 1:03-cv-6700, 2009 U.S. Dist. LEXIS 90283, (E.D. Cal. Sept. 18, 2009)(emphasis added)