Rule 34.Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes
Group V: Disclosures and Discovery · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 34
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The rule, with the exception of subdivision (d), is amended to conform to the federal rule. The amendments to subdivision (a) are technical. Subdivision (b) is amended to reflect changes made to Rule 26(a) and (d), preventing a party from seeking formal discovery before complying with Rule 26(a). It is also amended to clarify that the response must first set forth each request for production, followed by the answer or objections to the request. Subdivision (c) is amended to reflect the changes made to Rule 45 to provide for subpoenas to compel non-parties to produce documents and things and to submit to inspections of premises. Subdivision (d) of the former rule, which requires payment of reasonable expenses for copying, is retained. A similar provision was considered but rejected in the 2000 amendments to the federal rules.
Advisory Committee Note — 2019 Amendment: The amendments generally conform Rule 34 to FRCP 34. The new provisions in Rule 34(b)(2)(E)(i) address a production of documents in the form kept in the usual course of business, often electronically, that is wholly unrelated to the document requests. If it would be unreasonably burdensome for the requesting party to correlate the documents, the requesting party can request that the responding party specify the correlation. The identification of responsive documents may be assisted by the use of Bates numbering. Rule 34(d) retains the former Nevada rule with provisions added to address electronically stored information.
Amendment History
Amended eff. 9-27-71; Amended 12-13-85, eff. 2-11-86; Amended 7-1-87, eff. 1-1-88; Amended eff. 1-1-05; Amended 12-19-13, eff. 3-1-14; Amended eff. 3-1-19.
Plain-English Summary
Rule 34 covers the request for production — the discovery tool for getting your hands on the other side's documents, data, and physical evidence. A party can ask to inspect, copy, test, or sample anything within the scope of Rule 26(b) that the responding party possesses or controls: paper records, emails, photographs, spreadsheets, text messages, and any other electronically stored information, along with tangible things like a defective product or a piece of equipment. The same rule lets a party ask to walk onto land or into a building the other side possesses or controls, to inspect, measure, survey, photograph, test, or sample the property or something on it — useful in premises-liability, construction, and property disputes where seeing the site matters as much as reading a document.
A request has to describe what it wants with reasonable particularity, rather than asking for everything relevant to the case in one sweeping sentence, and it must propose a reasonable time, place, and manner for the inspection. For electronically stored information, the requesting party can specify the format it wants the data produced in — native files, searchable PDFs, or something else — though the responding party can push back and propose its own format if the request's format is not workable. The responding party has 30 days to respond to each item or category, either by agreeing to produce it or by objecting with specific reasons, and any objection has to say whether responsive material is being withheld on that basis rather than leaving the requesting party guessing. When electronic records are involved and no format was specified, the producing party must state upfront what format it plans to use.
Rule 34 also sets the ground rules for how production happens: documents get produced as they are kept in the ordinary course of business, or organized and labeled to match the categories in the request — not dumped in a disorganized pile that defeats the purpose of asking. Electronically stored information without a specified format gets produced in the form it is ordinarily kept in or another reasonably usable form, and a party never has to produce the same electronic information twice in different formats just because the requesting party asks. Getting documents from a nonparty works differently — that requires a subpoena under Rule 45, since a request for production under Rule 34 only reaches parties to the case. Absent a court order otherwise, the requesting party foots the reasonable cost of copying paper documents and of any storage device used to hand over electronic data.
Frequently Asked Questions
What is a request for production, and who can I send one to?
A request for production (RFP) is a written demand that another party in the lawsuit turn over documents, electronically stored information, or tangible things for inspection and copying, or allow entry onto land it possesses or controls. Rule 34 only reaches parties; getting documents from someone outside the case requires a subpoena under Rule 45.
How specific does a document request have to be?
It must describe each item or category with reasonable particularity — specific enough that the responding party can identify exactly what is being asked for — and it must propose a reasonable time, place, and manner for the inspection or production.
How much time does someone have to respond to a request for production of documents in Nevada?
30 days after being served, unless the parties stipulate to a different deadline under Rule 29 or the court orders one. The response to each item must either agree to produce it or state a specific objection.
Can I specify the file format for electronic documents in my request?
Yes. Rule 34(b)(1)(C) lets the request specify the form for producing electronically stored information. If the responding party objects to that format, or the request did not specify one, the response must state what format the producing party intends to use instead.
Who pays for copying documents produced in discovery?
Unless the court orders otherwise, the requesting party pays the reasonable cost of copying paper documents, and if electronic information is delivered on a storage device, the requesting party pays the reasonable cost of that device.