Rule 34.Production of Documents, Electronically Stored Information and Tangible Things and Entry Upon Land for Inspection and Other Purposes.
Last amended January 1, 2015 · Last verified July 3, 2026
In one sentenceRule 34 lets a party demand documents, electronically stored information, and physical evidence from another party, or ask to enter their land for inspection.
(a)Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor’s behalf, to inspect and copy, any designated documents or electronically stored information (which together include books, papers, writings, drawings, graphs, charts, photographs, sound recordings, images, electronic documents, electronic mail, and other data or data compilations from which information can be obtained, either directly or, if necessary, after conversion by the responding party into a reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b).
(b)Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth, either by individual item or by category, the items to be inspected and describe each with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in writing by the parties, subject to Rule 29. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for the objection shall be stated. If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. 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)Persons Not Parties. A person not a party to the action may be compelled to produce documents, electronically stored information, and tangible things or to submit to an inspection as provided in Rule 45.
(d)Requests for Production of Documents or Electronically Stored Information. A party may state in its request the form for producing documents or electronically stored information. The response may state an objection to a requested form for producing documents or electronically stored information. If the responding party objects to a requested form, the party must state the form or forms it intends to use. If a request does not specify a form for producing documents or electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in which it is reasonably usable. Absent a showing of good cause, a party need not produce the same documents or electronically stored information in more than one form.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended July 26, 1990, effective September 1, 1990
further amended May 7, 2004, effective July 1, 2004
further amended August 29, 2014, effective January 1, 2015
Plain-English Summary
A party may request that another party produce documents or electronically stored information, or permit inspection, copying, testing, or sampling of tangible things within the scope of Rule 26(b), and separately may ask to enter land or other property the other party controls to inspect, measure, survey, photograph, test, or sample it. The request, served after the case starts, must identify the items or categories with reasonable particularity and propose a reasonable time, place, and manner for the inspection. The responding party has 30 days to answer (45 for a defendant's first response), stating for each item whether inspection will be permitted or, if not, the reasons for objecting; a partial objection still requires producing the parts not objected to.
A non-party can be reached the same way through a Rule 45 subpoena rather than a Rule 34 request. A party producing documents must either produce them as they're kept in the ordinary course of business or organize and label them to match the categories requested. The requesting party may specify the electronic format it wants; if the request doesn't specify a form, the responding party must produce the information in the form it's ordinarily kept or another reasonably usable form, and absent good cause, a party doesn't have to produce the same electronically stored information in more than one format.
Frequently Asked Questions
Can I get documents from someone who isn't a party to the case?
Not through Rule 34 directly, but a non-party can be required to produce documents or submit to an inspection through a subpoena under Rule 45.
Does the other side have to organize the documents before handing them over?
Yes. Rule 34(b) requires producing documents either as they're kept in the ordinary course of business or organized and labeled to match the categories in the request.
Can I request electronic files in a specific format?
Yes, a party may specify the form for producing electronically stored information, and absent good cause, the responding party doesn't have to produce the same information in more than one form.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 34). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:request for production of documentsdocument requestselectronically stored information discoveryentry upon land for inspection