Rule 34. Production of documents and things and entry upon landfor inspection and other purposes.
(a)(1) Any party may serve on anyother party a request to produce and permit the requesting party to inspect, copy,test or sample any designated discoverable documents, electronically storedinformation or tangible things (including writings, drawings, graphs, charts,photographs, sound recordings, images, and other data or data compilationsstored in any medium from which information can be obtained, translated, ifnecessary, by the respondent into reasonably usable form) in the possession orcontrol of the responding party.
(a)(2) Any party may serve on anyother party a request to permit entry upon designated property in thepossession or control of the responding party for the purpose of inspecting,measuring, surveying, photographing, testing, or sampling the property or anydesignated discoverable object or operation on the property.
(b) Procedure and limitations.
(b)(1) The request must identify theitems to be inspected by individual item or by category, and describe each itemand category with reasonable particularity. The request must specify areasonable date, time, place, and manner of making the inspection andperforming the related acts. The request may specify the form or forms in whichelectronically stored information is to be produced.
(b)(2) The responding party mustserve a written response within 28 days after service of the request. Theresponding party must restate each request before responding to it. Theresponse must state, with respect to each item or category, that inspection andrelated acts will be permitted as requested, or that the request is objectedto. If the party objects to a request, the party must state the reasons for theobjection with specificity. Any reason not stated iswaived unless excused by the court for good cause. An objection must state byindividual item or by category whether any responsive items are being withheld onthe basis of that objection. An objection that states the terms that havecontrolled a search for responsive items qualifies as a statement that itemsoutside of the search terms may have been withheld. The party must identify andpermit inspection of items responsive to any part of a request that is notobjectionable. If the party objects to the requested form or forms forproducing electronically stored information?or if no form was specified in therequest?the responding party must state the form or forms it intends to use.
(c) Form of documents andelectronically stored information.
(c)(1) A party who produces documentsfor inspection must produce them as they are kept in the usual course ofbusiness or must organize and label them to correspond with the categories inthe request.
(c)(2) If a request does not specifythe form or forms for producing electronically stored information, a respondingparty must produce the information in a form or forms in which it is ordinarilymaintained or in a form or forms that are reasonably usable.
(c)(3) A party need not produce thesame electronically stored information in more than one form.
Effective May1, 2017