Rule 34.Production of Documents and Things and Entry Upon Land for Inspection for Other Purposes.

Subdivision (a) creates two requests, and they do different work. The first goes after what the other party holds: designated documents and electronically stored information in that party's possession, custody or control, in whatever medium it lives, plus any designated tangible thing within the scope of Rule 26(b). Where the material can be read only by machine, the responding party has to translate it into a reasonably usable form. The second asks for access rather than copies — permission to enter designated land or other property that party possesses or controls, so the requesting party may inspect, measure, survey, photograph, test or sample it. In a family case the first reaches records like bank statements, pay records and stored messages; the second reaches a house, a lot or business premises.

Subdivision (b) handles timing and form. The request goes out without leave of court, to the plaintiff after the action is commenced and to any other party with or after service of the summons, complaint, Language Assistance Notice and all other required documents. The request has to set out what is wanted by individual item or by category, describe each item and category with reasonable particularity, and specify a reasonable time, place and manner for the inspection. A vague request invites an objection.

The response is written and due within forty days after service of the request. A defendant gets an alternative window of sixty days after service of the summons, complaint, Language Assistance Notice and all other required documents, and the court may allow a shorter or longer time. For each item or category the response either states that inspection will be permitted as requested or states the reasons for objecting; if the objection covers part of an item or category, that part is specified and inspection is permitted of the rest. The requesting party may then move under Rule 37(a) on any objection, any other failure to respond, or any failure to permit the inspection.

One sentence near the end of subdivision (b) controls how the boxes arrive: a party producing documents produces them as they are kept in the usual course of business, or organizes and labels them to correspond with the categories in the request. Subdivision (c) points elsewhere for people who are not parties — they are reached through Rule 45, not through this rule.