Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Rule 34.02. Procedure

The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected, either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. The request may specify the form or forms in which the electronically stored information is to be produced.

The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, stating with specificity the grounds and reasons for objecting to the request. If objection is made to part of an item or category, the part shall be specified. An objection must state whether any responsive materials are being withheld on the basis of that objection.

If objection is made to the requested form or forms for producing electronically stored information-or if no form was specified in the request – the responding party must state the form or forms it intends to use.

Unless the parties otherwise agree, or the court otherwise orders:

(1) The party submitting the request may move for an order under Rule 37.01 with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

(2) A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.

(3) If a request (sic) does not specify the form or forms for producing electronically stored information. a responding party must produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and

(4) a party need not produce the same electronically stored information in more than one form.

[As amended July 1, 1979 and by order entered January 31, 1984, effective August 20, 1984; amended by order dated January 8, 2009, effective July 1, 2009; and amended by order filed January 8, 2019 effective October 1, 2019.]

Click here for Advisory Commission Comments to Rules 34.01-34.03.


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