Rule 34.Producing Documents, Electronically Stored Information and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Group V: Depositions and Discovery · Last amended March 1, 2017 · Last verified July 15, 2026
In one sentenceRule 34 lets a party request that another party produce documents, electronically stored information, or tangible things for inspection, or allow entry onto land, with responses due within 30 days (45 for a defendant answering with the summons and complaint).
(a)In general. A party may serve on any other party a request within the scope of Rule 26(b):
(1)to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:
(A)any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations - stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or
(B)any designated tangible things; or
(2)to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
(A)must describe with reasonable particularity each item or category of items to be inspected;
(B)must specify a reasonable time, place and manner for the inspection and for performing the related acts; and
(C)may specify the form or forms in which electronically stored information is to be produced.
(2)Responses and objections.
(A)Time to respond. The party to whom the request is directed must respond in writing within 30 days after being served, but a defendant is not required to serve its response until 45 days after being served with the summons and complaint. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.
(B)Responding to each item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection.
(C)Objections. An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.
(D)Responding to a request for production of electronically stored information. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form - or if no form was specified in the request - the party must state the form or forms it intends to use.
inspection and other purposes.
(E)Producing the documents or electronically stored information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information:
(i)A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;
(ii)If the request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and
(iii)a party need not produce the same electronically stored information in more than one form.
(c)Signature. The person who responds to the request must sign the response, and the person who objects must sign any objections.
(d)Nonparties. As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection.
Explanatory Note
Rule 34 was amended, effective July 1, 1981; March 1, 1990; January 1, 1995; March 1, 1997; March 1, 2008; March 1, 2011; March 1, 2017.
An objection must be served within the time for serving a response or the objection is waived. Any extension must be in writing and should specify whether the extension includes responses, objections, or both.
Paragraph (b)(2) was amended, effective March 1, 2017, in response to the December 1, 2015, revision of Fed.R.Civ.P. 34. The amendments allow copies of documents or electronically stored information to be produced rather than permitting inspection and to require an objection to specify whether anything is being withheld on the basis of the objection.
Subdivision (c) was amended, effective March 1, 2017, to require the person who responds to a request for production to sign the response document and for a lawyer or self-represented person who makes objections to sign the objections. The former text of subdivision (c) on nonparties became new subdivision (d).
Rule 34 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Rule 34 was amended, effective March 1, 2008, in response to the 2006 federal revision. The amendments provide guidance regarding requests for electronically stored information.
inspection and other purposes.
Plain-English Summary
Rule 34 is North Dakota's request-for-production rule. It lets a party ask another party to produce, and permit inspection, copying, testing, or sampling of, designated documents or electronically stored information — writings, drawings, photographs, sound recordings, and similar data in whatever medium holds them — or designated tangible things within the responding party's possession, custody, or control. Rule 34(a)(2) covers a different kind of request: permission to enter designated land or other property the responding party possesses or controls, so the requesting party can inspect, measure, survey, photograph, test, or sample it, or anything on it.
A request must describe each item or category with reasonable particularity, specify a reasonable time, place, and manner for the inspection, and may specify the form electronically stored information should take. The responding party generally has 30 days after being served to respond in writing, though a defendant responding along with the summons and complaint gets 45 days. For each item or category, the response must either agree to the inspection as requested or state the grounds for objecting with specificity — and Rule 34(b)(2)(C) requires the response to say whether any responsive material is being withheld on the basis of an objection, so a partial objection cannot quietly swallow more than it should. The responding party may also choose to produce copies rather than allow inspection.
Electronically stored information gets its own set of default rules in Rule 34(b)(2)(E): a party must produce documents as they are kept in the ordinary course of business, or organize and label them to match the categories in the request; if the request does not specify a form for electronically stored information, the responding party must produce it in the form it is ordinarily kept in or a reasonably usable form; and a party need not produce the same electronically stored information in more than one form. Rule 34(c) requires the person who responds to sign the response, and the person objecting to sign the objections. Rule 34(d) reminds parties that a nonparty is reached differently — through a subpoena under Rule 45, not through this rule.
Frequently Asked Questions
What is North Dakota's request for production of documents rule?
Rule 34 lets a party ask another party to produce documents, electronically stored information, or tangible things for inspection, copying, testing, or sampling, or to permit entry onto land the responding party possesses or controls for inspection, measuring, surveying, photographing, testing, or sampling.
How long does a party have to respond to a request for production?
Rule 34(b)(2)(A) gives the responding party 30 days after being served to respond in writing. A defendant responding to a request served with the summons and complaint has 45 days instead, unless the parties stipulate to or the court orders a different time.
Can I demand documents in a specific electronic format?
Yes. Rule 34(b)(1)(C) lets the request specify the form or forms for producing electronically stored information. If the request does not specify a form, or the responding party objects to the form requested, Rule 34(b)(2)(D) requires the responding party to state the form it intends to use instead.
Do I have to allow inspection, or can I just send copies?
Rule 34(b)(2)(B) lets the responding party state that it will produce copies of documents or electronically stored information instead of permitting inspection, as an alternative way of satisfying the request.
If I object to only part of a request, does that block the whole thing?
No. Rule 34(b)(2)(C) requires an objection to part of a request to specify which part and to permit inspection of the rest, and it must state whether any responsive material is being withheld on the basis of the objection.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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