What Are RFP Responses?

What Are RFP Responses?

RFP responses are the written answers a party gives after receiving a request for production in a lawsuit. A request for production asks for documents, electronically stored information, or other tangible items related to the case.

The response process usually involves reviewing each request, stating any objections, and saying what will be produced.

In most cases, an RFP response does a few things at once. It tells the other side if you will produce the requested materials, if you object to part of the request, or if you do not have anything responsive in your possession, custody, or control.

If documents will be produced, the response should make that clear. And if an objection applies, it should be specific and tied to the request.

What Is Typically Included in RFP Responses?

RFP responses usually follow a pretty standard structure, even though the details change from case to case. Here is what it usually includes:

Written Responses

Written responses are part of the RFP process, where you answer each request in writing. They tell the other side:

• If you will produce documents
• If you object
• If no responsive materials are available

Each response should match the request closely and reflect the facts tied to the specific client and case.

A written response can be simple, but it still needs to be clear. If documents will be produced, say so. If only some documents will be produced, that should be stated too. If nothing responsive exists, the response should say that plainly.

For example: “Responding party will produce nonprivileged documents responsive to this request that are in the party’s possession, custody, or control.”

That kind of language gives the other side a direct answer and creates a record of what will happen next.

Objections

Discovery objections are a part of an RFP response where you explain why a request goes too far, seeks protected material, or asks for something improper under the rules.

Strong objections connect to the actual wording of the request and give a clear basis for the response. When documents will still be produced in part, that should be stated plainly.

Common objections include:

• Relevance: The request seeks material that has little or no connection to the claims or defenses in the case.
• Overbreadth: The request sweeps too widely and reaches beyond what is reasonably needed for the dispute.
• Vagueness or ambiguity: The wording is unclear, which makes the scope of the request hard to pin down.
• Undue burden: A response would require unreasonable time, effort, or expense compared with the likely value of the material sought.
• Privilege: The request calls for protected information, such as attorney-client communications or attorney work product.
• Possession, custody, or control: The requested material is not within the responding party’s control.

Want a quicker way to draft objections? Check out Briefpoint’s discovery objections cheat sheet.

Document Production

Document production is where the requested materials are actually gathered and turned over.

After the written response is served, the producing party still has to locate responsive documents, review them, and submit the nonprivileged materials tied to each specific RFP.

Documents can include emails, contracts, invoices, internal records, photos, and other files kept by a business, company, or entity in question.

A typical document production usually includes a few key steps:

• Collection: Relevant documents are pulled from the places where they are stored, such as email accounts, shared drives, cloud platforms, and paper files.
• Review: The documents are checked for relevance, privilege, confidentiality, and completeness before production.
• Organization: Materials are arranged in a usable way, often to match the request numbers or categories listed in the discovery set.
• Redactions: Protected or private information may be blacked out when the rules allow it, while the rest of the document is still produced.
• Production format: Documents may be produced as PDFs, native files, spreadsheets, or other agreed formats.
• Supplementation: More documents may need to be produced later when new information is found.

Why Is a Good RFP Response Important?

A good RFP response can heavily influence the rest of the discovery. It helps you gather information, state your position clearly, and avoid problems that can drag the case out.

Since this part of litigation is often time-consuming, clear and complete responses can also save time later by cutting down on meet-and-confer fights, follow-up requests, and motion practice.

A strong response helps in a few important ways:

• Clarity: Clear answers tell the other side what documents will be produced, what objections apply, and where the response stands.
• Credibility: Careful responses show that the case is being handled thoughtfully, which can affect how opposing counsel approaches discovery.
• Efficiency: Organized responses reduce confusion and make it easier to manage deadlines, follow-ups, and document production.
• Accuracy: Good responses reflect the facts, the available records, and any technical details tied to the requests.
• Strategy: The response process can reveal weak spots, missing records, and other pain points that deserve more research.
• Risk reduction: Weak or sloppy responses can lead to disputes, motions to compel, or avoidable court involvement.

How Long Do You Have to Respond to RFPs?

Under the Federal Rules of Civil Procedure, most RFPs must be answered in writing within 30 days after service.

There is one common exception: when the request is delivered before the parties’ Rule 26(f) conference under Rule 26(d)(2), the response is due 30 days after that first Rule 26(f) conference.

The court can set a different deadline, and the parties can agree in writing to a shorter or longer time under Rule 29.

That said, the deadline for the entire response process can feel tighter than it looks. You still need time to:

• Review each request
• Gather documents
• Check for privilege issues
• Confirm facts with the client
• Prepare the actual submission

In a busy practice, especially when you are also handling work for other clients, those 30 days can move fast. That is one reason lawyers often start document collection and response drafting early.

How Lawyers Do the RFP Process

Lawyers usually prepare RFP responses in a fairly structured way, even though the exact workflow can vary from case to case.

The main goal is to review the requests carefully, gather the right materials, and draft responses that match the specified requirements of the case without wasting valuable time.

A general process often looks like this:

1. Review the requests: Each request is read closely to understand what documents are being sought and how broad the language is.
2. Identify issues early: Lawyers look for requests that may call for objections, privilege review, or follow-up questions for the client.
3. Gather information and documents: The client helps collect records, emails, files, and other materials that may be responsive.
4. Draft the written responses: Each response is prepared to state what will be produced, what objections apply, and what limits need to be stated.
5. Review for accuracy and consistency: The full set is checked to make sure the answers line up with the facts, the case strategy, and prior responses.
6. Finalize and serve: Once everything is complete, the responses and any production are prepared for service on the other side.

Done well, this process helps achieve a response that is clear, defensible, and easier to manage later in discovery.

How Technology Helps With RFP Responses

Technology can make RFP responses a lot less tedious. There are different types of RFP software, too. Some tools focus on document organization, some help with drafting, and some support the full workflow from intake to production.

For firms handling repeated objections, similar requests, and tight deadlines, it helps to use a system that keeps materials organized and makes past work easier to reuse.

Essentially, good software can speed up drafting, keep language consistent, and make it easier to support more clients without starting from scratch every time.

A few ways it can help:

• Faster legal drafting
• More consistent responses
• A centralized library
• A searchable content library
• Easier revisions
• Better team collaboration
• Cleaner organization
• A stronger technical approach
• Less repetitive work
• Simpler supplemental responses

Achieve a Smoother Finish for RFP Responses With Briefpoint

RFP responses can eat up hours from start to finish. First comes reviewing the request, then collecting documents, drafting responses, applying objections, organizing production, and cleaning everything up for service.

Briefpoint helps move that work along without forcing you to build each response set from scratch.

You can upload a request for production, work through the requests, and generate objection-aware responses in a structured workflow built for discovery.

Briefpoint also supports client-collected responses and Bates-ready production packages, which help keep the drafting and production sides connected in one place. It’s already used by more than 1,500 law firms nationwide.

Autodoc takes things further when the heavy lift is in the documents themselves. It can turn productions and case files into ready-to-serve discovery responses, with page-level Bates citations and production packages, which cuts down a lot of manual sorting and formatting.

And when new information comes in later, Supplemental Responses help you generate updated RFP responses while keeping prior answers intact and easy to reference.

Book a demo today and see how Briefpoint can help.