RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES
(b) Procedure. The request, without leave of court, may be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request must set forth, either by individual item or by category, the items to be inspected
either by individual item or by category, and describe each item and category with reasonable particularity. The request must specify a reasonable time, place, and manner of making the inspection and performing the related acts.
The party upon whom the request is served shall serve a written response within 30 days after the service of the request, but a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant.
The court may allow a A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in writing by the parties, subject to Rule 29. The response must state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection must be stated. If objection is made to part of an item or category, the part must be specified and inspection permitted to the remaining parts. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.
A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
(c) Persons not parties. A person not a party to the action may be compelled to produce documents and things or to submit to an inspection as provided in Rule 45.
Rule 34 was amended, effective July 1, 1981; March 1, 1990; January 1, 1995; March 1, 1997.
Rule 34 is identical to Rule 34, FRCivP, except for style changes. Subdivision (a) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended. Subdivision (c) was amended, effective January 1, 1995, to track the 1991 federal amendment and to reflect the change effected by revision of Rule 45 which provides for subpoenas to compel non-parties to produce documents and things and to submit to inspection of premises.
The Joint Procedure Committee points out Vorachek v. Citizens State Bank, 421 N.W.2d 45 (N.D. 1988), holds 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.
SOURCES: Procedure Committee Minutes of January 25-26, 1996, page 6; September 28-29, 1995, page 14; April 20, 1989, page 2; December 3, 1987, page 11; October 30-31, 1980, pages 20-22; November 29-30, 1979, page 7; Rule 34, FRCivP.
SUPERSEDED: Section 31-0804, NDRC 1943.
CROSS REFERENCE: Rules 16 (Pre-Trial Procedure Formulating Issues), 26 (General Provisions Governing Discovery), 29 (Stipulations Regarding Discovery Procedures), and 37 (Failure to Make Discovery Sanctions), NDRCivP.