Rule 34. Production of documents
and things and entry upon land for inspection and other purposes.
(a) Scope.
(a)(1) Any party may serve on any other party a
request to produce and permit the requesting party to inspect, copy, test or
sample any designated discoverable documents, electronically stored information
or tangible things (including writings, drawings, graphs, charts, photographs,
sound recordings, images, and other data or data compilations stored in any
medium from which information can be obtained, translated, if necessary, by the
respondent into reasonably usable form) in the possession or control of the
responding party.
(a)(2) Any party may serve on any other party a
request to permit entry upon designated property in the possession or control
of the responding party for the purpose of inspecting, measuring, surveying,
photographing, testing, or sampling the property or any designated discoverable
object or operation on the property.
(b) Procedure and limitations.
(b)(1) The request shall identify the items to be
inspected by individual item or by category, and describe each item and
category with reasonable particularity. The request shall specify a reasonable
date, time, place, and manner of making the inspection and performing the
related acts. The request may specify the form or forms in which electronically
stored information is to be produced.
(b)(2) The responding party shall serve a written
response within 28 days after service of the request. The responding party
shall restate each request before responding to it. The response shall state,
with respect to each item or category, that inspection and related acts will be
permitted as requested, or that the request is objected to. If the party
objects to a request, the party must state the reasons for the objection. Any
reason not stated is waived unless excused by the court for good cause. The
party shall identify and permit inspection of any part of a request that is not
objectionable. If the party objects 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.
(c) Form of documents and
electronically stored information.
(c)(1) 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.
(c)(2) If a request 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.
(c)(3) A party need not produce the same electronically
stored information in more than one form.