Rule 34 does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.
Rule 34.03.Persons not parties.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 34.03 clarifies that Rule 34 does not block a separate, independent lawsuit against a non-party to obtain production of documents and things or permission to enter land, when that non-party will not otherwise be part of the pending case.
Full Text of Rule 34.03
Amendment History
(Amended May 14, 1971 and July 29, 1971, effective October 1, 1971.)
Plain-English Summary
Rule 34.01 and 34.02 govern requests between parties already in a lawsuit. Rule 34.03 makes clear that those rules do not shut the door on a different route: an independent action brought against someone who is not a party, seeking production of documents and things or permission to enter onto land.
This matters because a person or entity outside the lawsuit is not bound by discovery requests served under Rule 34.01. If a non-party holds documents, things, or land that a litigant needs to inspect, Rule 34.03 preserves the option of a separate proceeding aimed at that non-party specifically.
Frequently Asked Questions
Can I get documents from someone who isn't a party to my lawsuit?
Rule 34.03 confirms that Rule 34 does not prevent bringing an independent action against a non-party to obtain production of documents and things, or permission to enter upon land.
Does Rule 34 apply directly to non-parties?
Rule 34.01 requests run between parties to the pending action. For a non-party, Rule 34.03 preserves the option of a separate, independent action seeking the same kind of production or land access.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 34.03). 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: getting documents from a non-party KentuckyCR 34.03third party document productionindependent action for document productionnon-party discovery Kentucky