Rule 406.Production of Documents, Electronically Stored Information, and Tangible Things; Entering onto Land for Inspection and Other Purposes
Part IV. Disclosure, Discovery, and Subpoena · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 406
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 406 is the document-request rule for parties.
The cap and the reach
No more than 40 requests for production unless the parties stipulate or the court finds good cause — the same figure as interrogatories under Rule 405.
A request may seek documents or electronically stored information — writings, drawings, graphs, charts, photographs, sound records, images and other data compilations stored in any medium, translated into a reasonably usable form if necessary — or any designated tangible things, all within the responding party's possession, custody or control. It may also seek entry onto land to inspect, measure, survey, photograph, test or sample.
Form of the request
It must describe each item or category with reasonable particularity, specify a reasonable time, place and manner, and may specify the form in which electronically stored information is produced.
Responding
A written response is due within 30 days. For each item or category, the response either states that inspection will be permitted or states an objection including the reasons — and must first set forth each request, followed by the response or objection, the same restating requirement Rule 405 imposes. An objection to part must specify the part and permit inspection of the rest.
On electronic information, the response may object to the requested form, and if it does — or if none was specified — the party must state the form it intends to use.
Producing
Documents come as kept in the usual course of business or organized and labeled to match the request's categories. Electronic information, absent a specified form, is produced as ordinarily maintained or in a reasonably usable form, and need not be produced in more than one form.
One provision has no counterpart in the other discovery rules: where the court orders compliance, it may also order the requesting party to pay the reasonable expenses of any extraordinary steps required to retrieve and produce the information. The cost of a difficult retrieval can be shifted to the party who wanted it.
Nonparties are reached under Rule 409, not this rule. Neither requests nor responses are filed; originals are kept for one year after final disposition, and a notice of service is filed.
Frequently Asked Questions
How many document requests can I serve?
Rule 406(a)(1) allows no more than 40 requests for production unless the parties stipulate or the court finds good cause.
How long do I have to respond?
Thirty days after service of the request, under Rule 406(b)(2)(A), unless a shorter or longer time is stipulated or ordered.
Can I object to only part of a request?
Yes. Rule 406(b)(2)(C) requires an objection to part of a request to specify the part and permit inspection of the rest.
Who pays if the documents are difficult to retrieve?
It can be shifted. Rule 406(b)(2)(E)(iv) allows the court, when ordering compliance, to also order that the requesting party pay the reasonable expenses of any extraordinary steps required to retrieve and produce the information.
How must documents be organized?
Rule 406(b)(2)(E)(i) requires production as they are kept in the usual course of business, or organized and labeled to correspond to the categories in the request.
How do I get documents from someone who is not a party?
Rule 406(b)(2)(F) notes that a nonparty may be compelled to produce documents and tangible things or permit an inspection as provided in these rules, which is done by subpoena under Rule 409.