Rule 34.Production of documents and things and entry upon land for inspection and other purposes
Group V: Depositions and Discovery · Not amended since adoption on record · Last verified July 13, 2026
Full Text of Rule 34
Notes
Note: This is the language of the current Federal Rule, and is an amended version of the rule which served as a guide for present Circuit Court Rule 88. The major change is that the requirement of good cause is eliminated because it was an erratic and uncertain guide for decisions by the court. It also saves the court having to handle the matter unless there is an objection to the document requests. Thirty days are permitted for a response, and there is provision for an independent action for discovery against persons not parties to the action.
Note to 1993 Amendment: Rule 34 applies only to production from parties, and was amended specifically to provide that production from non-parties is governed only by Rule 45.
Note to 2011 Amendment: The amendments to Rules 16, 26, 33, 34, 37 and 45 of the South Carolina Rules of Civil Procedure concerning electronic discovery are substantially similar to the corresponding provisions in the Federal Rules of Civil Procedure. The rules concerning electronic discovery are intended to provide a practical, efficient and cost-effective method to assure reasonable discovery. Pursuit of electronic discovery must relate to the claims and defenses asserted in the pleadings and should serve as a means for facilitating a just and cost-effective resolution of disputes.
Plain-English Summary
Rule 34 is the discovery tool for getting your hands on physical proof: documents, photographs, data compilations, electronically stored information, and tangible things within the scope of Rule 26(b) that sit in another party's possession, custody, or control. It also covers entry onto land or other property the opposing party controls, so a party can inspect, measure, survey, photograph, test, or sample the property or something on it. A request for production, often shortened to an RFP, must describe each item or category with reasonable particularity and specify a reasonable time, place, and manner for the inspection; it can also specify the form electronically stored information should take.
The responding party gets thirty days to serve a written response, or forty-five days if it is a defendant responding after being served with the summons and complaint. For each item or category, the response must say inspection will be permitted as requested, or state the reasons for objecting — including, where relevant, an objection to the requested form for electronically stored information, in which case the responding party must say what form it intends to use instead. When no form is specified and no objection is raised, the responding party produces electronically stored information in the form it is ordinarily kept in or another reasonably usable form, and it need not produce the same information in more than one form. Documents produced for inspection must be organized as they are kept in the ordinary course of business, or labeled to match the categories in the request.
Rule 34 reaches only parties. To get documents or entry from someone who is not a party, Rule 34(c) sends a party to Rule 45's subpoena procedure instead, or, where that will not work, to an independent action against the non-party seeking the same production or access.
Frequently Asked Questions
What is an RFP in South Carolina civil litigation?
RFP stands for request for production, the discovery device under Rule 34 that lets a party demand documents, electronically stored information, or tangible things from another party, or entry onto that party's land for inspection.
How long does a party have to respond to a document request?
Thirty days after service of the request generally, or forty-five days for a defendant responding after being served with the summons and complaint, unless the court sets a different time.
Can a Rule 34 request cover electronically stored information like emails?
Yes. The rule expressly covers electronically stored information and lets the requesting party specify the form it wants produced; if no form is specified, the responding party produces it in the form ordinarily maintained or another reasonably usable form.
Can Rule 34 be used to get documents from someone who is not a party to the case?
No. Rule 34(c) sends that request through Rule 45's subpoena procedure instead, or, in some circumstances, through an independent action against the non-party.
Does Rule 34 let a party inspect land or property involved in the case?
Yes. A party can request entry onto designated land or property in another party's possession or control to inspect, measure, survey, photograph, test, or sample it or something on it.
How must a party organize the documents it produces?
Rule 34(b) requires production either as the documents are kept in the ordinary course of business, or organized and labeled to correspond with the categories in the request.