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Key Facts
- Federal level: FRCP 34 allows one party to request documents, electronically stored information, tangible things, testing or sampling, and entry onto controlled property within Rule 26’s discovery scope.
- Federal level: A Rule 34 request must describe requested items with reasonable particularity and specify a reasonable time, place, and manner for inspection.
- Federal level: The written response is generally due within 30 days, although a stipulation or court order may set a different period.
- Federal level: Objections must be specific, disclose whether responsive material is being withheld, and permit production of an unobjectionable portion.
FRCP 34 is the federal civil-discovery rule for requesting production or inspection of documents, electronically stored information, tangible objects, and designated property.
It works within Rule 26, which limits discovery to nonprivileged matter relevant to a claim or defense and proportional to the needs of the case.
Rule 34 reaches paper, electronic data, objects, and property
A party may request inspection, copying, testing, or sampling of designated materials in another party’s possession, custody, or control.
Electronically stored information includes data kept in any medium from which it can be obtained directly or translated by the responding party into a reasonably usable form.
Rule 34 also permits a request to enter designated land or property to inspect, measure, survey, photograph, test, or sample it or an object or operation there.
The request and response need meaningful detail
The request must describe each item or category with reasonable particularity, give a reasonable time, place, and manner, and may specify forms for producing electronic information.
For each category, the response must state that inspection will be permitted or give specific grounds for objection, including reasons.
An objection must state whether material is being withheld, and an objection to only part of a request must identify that part while allowing inspection of the rest.
Production form affects usability
Unless the parties stipulate or the court orders otherwise, documents must be produced as kept in the usual course of business or organized and labeled to match the request categories.
If no electronic-production form is specified, information must be produced in a form ordinarily maintained or in a reasonably usable form, and the same electronically stored information need not be produced twice in different forms.
Deadlines and disputes connect Rule 34 to other rules
The response is generally due 30 days after service, or 30 days after the first Rule 26(f) conference for an early-delivered request, unless the parties stipulate or the court orders another time.
Rule 37 governs a motion to compel when production is not provided and generally requires a good-faith effort to resolve the dispute first.
Rule 45, rather than Rule 34 alone, provides the subpoena procedure for compelling a nonparty to produce materials or permit inspection.
Rules 33 and 36 cover different discovery tools—interrogatories and requests for admission—while Rule 16 allows the scheduling order to manage discovery timing and scope.
