Rule 34.Producing documents, electronically stored information and tangible things, or entering onto land for inspection and other purposes

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 34 lets a party request another party to produce or permit inspection of documents, electronically stored information, and tangible things within the discovery scope, or to allow entry onto land for inspection, and sets the request, response, and objection procedure, including how electronically stored information gets produced.

Full Text of Rule 34

Text sizeJump to: (a) (b) (c)

(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.

(b) Procedure.

(1) Contents of the request. The request:

(A) shall describe with reasonable particularity each item or category of items to be inspected;

(B) shall specify a reasonable time, place and manner for the inspection and for performing the related acts; and

(2) Responses and objections.

(A) Time to respond. The party to whom the request is directed shall respond in writing within 30 days after being served or – if the request was delivered under Rule 26(d)(2) – within 30 days after the parties’ first Rule 26(f) conference. 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 shall either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objection to the request, including the reasons. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production shall then be completed no later than the time for inspection specified in the request or another reasonable time specified in the response.

(C) Objections. An objection shall state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request shall 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 shall state the form or forms it intends to use.

(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 shall produce documents as they are kept in the usual course of business or shall organize and label them to correspond to the categories in the request;

(ii) If a request does not specify a form for producing electronically stored information, a party shall 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) Nonparties. As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Rule 34 is the document-and-property counterpart to interrogatories. A party can request any other party to produce — or let it inspect, copy, test, or sample — documents and electronically stored information in the responding party's possession, custody, or control, or tangible things, or to allow entry onto land or property the responding party controls for inspection, measurement, or testing.

The request has to describe what's wanted with reasonable particularity and specify a reasonable time, place, and manner for the response, and it can specify the form electronically stored information should take. The responding party has 30 days to answer in writing — stating whether it will comply or objecting with specificity, and saying whether any material is being withheld on the basis of an objection. If no form was requested for electronic information, the producing party has to say what form it intends to use, and documents generally get produced as they're kept in the ordinary course of business or organized to match the categories requested.

A nonparty isn't off the hook either — Rule 45 lets a nonparty be compelled to produce documents or things or permit an inspection, using the subpoena process rather than a Rule 34 request.

Frequently Asked Questions

What can I request under Rule 34?

Documents, electronically stored information, and tangible things in another party's possession, custody, or control, or entry onto land or property that party controls, for inspection, measurement, testing, or sampling.

How long does a party have to respond to a document request?

30 days after being served (or after the parties' first discovery conference, for an early request), unless the parties stipulate to a different time or the court orders otherwise.

What form does electronically stored information have to be produced in?

The form the request specifies, unless the responding party objects; if no form was requested, the producing party must say what form it intends to use, and generally must produce the information in a form it's ordinarily maintained in or a reasonably usable form.

Can I get documents from someone who isn't a party to the case?

Yes, but not through a Rule 34 request — Rule 45 lets you compel a nonparty to produce documents or things, or permit an inspection, using a subpoena.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 34). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: document requestrequest for productionRFPinspecting electronically stored information