Rule 62.Production of Documents and Things and Entry onto Land
Part VII. Disclosure and Discovery · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 62
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Plain-English Summary
Rule 62 is the document-request rule for parties. Nonparties are reached through a Rule 52 subpoena instead.
What can be requested
Within the scope of Rule 51(b), a party may ask another to produce and permit inspection, copying, testing or sampling of designated documents or electronically stored information -- writings, drawings, graphs, charts, photographs, sound recordings, images and other data compilations stored in any medium -- or any designated tangible things, all limited to what is in the responding party's possession, custody or control. A request may also seek entry onto designated land or property to inspect, measure, survey, photograph, test or sample.
The cap
Unless the parties agree or the court orders otherwise, a party may not serve requests for more than 10 items or distinct categories of items on any other party. That is a tight limit by civil standards, and Rule 56 is the route to more.
Form of the request
Each request must describe with reasonable particularity each item or distinct category, specify a reasonable time, place and manner for the inspection, and may specify the form or forms in which electronically stored information is to be produced.
Responding
A written response is due within 40 days after service, or within 60 days after service of the summons and petition on the respondent or execution of an acceptance of service. For each item or category the response must either state that inspection will be permitted as requested or state the grounds for objecting with specificity.
The provision worth reading twice: an objection must state whether any responsive materials are being withheld based on that objection. A party objecting to part of a request must specify the objectionable part and permit inspection of the rest. An objection cannot quietly conceal whether anything was actually held back.
Producing
Documents are produced as kept in the usual course of business or organized and labeled to correspond to the request's categories. Electronically stored information goes out in the form the receiving party requested; if the responding party objects to that form, or none was specified, it may produce in native form or another reasonably usable form giving the recipient the same ability to access, search and display it. Absent good cause, no party need produce the same electronically stored information in more than one form.
Frequently Asked Questions
How many document requests can I serve?
Rule 62(b)(1) allows requests for no more than 10 items or distinct categories of items on any other party, unless the parties agree or the court orders otherwise.
How long do I have to respond?
Forty days after being served, under Rule 62(b)(3)(A), or within 60 days after service of the summons and petition on the respondent or execution of an acceptance of service.
Does an objection have to say whether documents are being withheld?
Yes. Rule 62(b)(3)(C) requires an objection to state whether any responsive materials are being withheld based on that objection.
How must documents be organized when produced?
Rule 62(b)(3)(D)(i) requires a party to produce documents as they are kept in the usual course of business, or to organize and label them to correspond to the categories in the request.
Can I request documents from someone who is not a party?
Not under this rule. Rule 62(c) says a nonparty may be compelled to produce documents and tangible things or to permit an inspection as provided in Rule 52.
Can I specify the file format for electronic records?
Yes. Rule 62(b)(2)(C) allows the request to specify the form or forms in which electronically stored information is to be produced, and Rule 62(b)(3)(D)(ii) requires production in that form unless the responding party objects to it.