Rule 34.Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
Last amended July 1, 2018 · Last verified July 1, 2026
Full Text of Rule 34
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-17-0010, effective July 1, 2018.
Plain-English Summary
Rule 34 covers the two most common document-focused discovery tools: requests to produce documents or electronically stored information, and requests to enter land or other property to inspect, measure, or photograph it. A request must describe with reasonable particularity what it is after, propose a reasonable time and manner for the inspection, and may specify the form in which electronic information should be produced.
The responding party has 30 days to respond — 60 days for a defendant, if the party serving the request has complied with Rule 26(f)(1) by serving its own initial disclosure statement first — and must either agree to produce what is asked for or object with enough specificity to explain why, while still producing anything not covered by the objection. For electronically stored information, the rule sets a default: produce it in native form or another reasonably usable form that lets the requesting party search and view it about as well as the responding party can, and a party generally need not produce the same information in more than one form.
Rule 34 by its own terms reaches only parties. To get documents or access to property from someone outside the case, a party turns to the subpoena power in Rule 45, which extends similar production and inspection tools to nonparties.
Frequently Asked Questions
Does Rule 34 apply to people who are not parties to the case?
No. Rule 34 requests go to parties. Getting documents or access to property from a nonparty requires a subpoena under Rule 45.
Can a party choose the format for producing electronic records?
The requesting party may specify a form. If it does not, or if the responding party objects to the form requested, the responding party must produce the information in native form or another form that preserves the requesting party's ability to search and view it as the responding party could.
How much time does a party have to respond to a document request?
Generally 30 days after being served. A defendant may instead respond within 60 days after being served with, or waiving service of, the summons and complaint, so long as the party serving the request has complied with Rule 26(f)(1), which bars seeking discovery before serving an initial disclosure statement.