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Rule 34.02.Procedure.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 34.02 sets the mechanics for a Rule 34.01 request: it must describe items with reasonable particularity and propose a reasonable time, place, and manner for inspection, and the responding party must answer in writing within 30 days (45 days for a defendant responding after service of summons) or face a motion to compel under Rule 37.01.

Full Text of Rule 34.02

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(1) 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 upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.
(2) 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 upon that defendant. The court may allow a shorter or longer time. 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 objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 37.01 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.

Amendment History

(Amended effective October 1, 1971.)

Plain-English Summary

Rule 34.02 spells out how a document or property request works from start to finish. The request itself can go out without asking the court first: to a plaintiff, any time after the case starts; to any other party, with or after that party is served with the summons. The request has to describe what it wants, item by item or by category, with enough detail that the other side knows what is being asked for, and it must propose when, where, and how the inspection will happen.

The party receiving the request has 30 days to respond in writing. A defendant gets extra time, 45 days from being served with the summons, since a defendant may not have had time to prepare a response right when the case begins. The court can shorten or lengthen either deadline. The response has to address each item or category: either agree to allow inspection as asked, or object and explain why. A partial objection has to identify which part of an item or category is objected to.

If the responding party objects, fails to respond, or refuses to allow the inspection it agreed to, the requesting party can ask the court for an order under Rule 37.01 to force compliance.

Frequently Asked Questions

How long does a defendant have to respond to a document request in Kentucky?

A defendant may serve a written response within 45 days after being served with the summons. Any other party generally has 30 days after service of the request, unless the court sets a shorter or longer time.

Can I send a document request before the lawsuit officially starts against everyone?

A request may be served on the plaintiff after the action commences, and on any other party with or after that party is served with the summons, all without needing the court's permission first.

What happens if the other side objects to my document request?

The response must state the reasons for any objection, and if only part of an item or category is objected to, that part must be specified. If you disagree with the objection, or the other party otherwise fails to respond or to permit inspection as requested, you may move for an order under Rule 37.01.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 34.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: deadline to respond to document requests Kentuckyhow to request documents in a Kentucky lawsuitCR 34.0230 day discovery response deadlineobjecting to a request for productionmotion to compel document production