OF PRODUCING DOCUMENTS, ELECTRONICALLY
STORED INFORMATION AND TANGIBLE THINGS,
AND ENTRY UPON OR
ENTERING ONTO LAND, FOR INSPECTION AND OTHER
Scope In General. Any party may serve on any other party a
A party may serve on any other party a request within the scope of Rule 26(b):
to produce and permit the party making the request, or
someone acting on the requestor's
behalf, to inspect, copy, test or sample 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 -- translated, if necessary, by the respondent into reasonably usable form,
or to inspect, copy, test, or sample any designated tangible things that constitute or contain
matters within the scope of Rule 26(b) and which are in the possession, custody or control
of the party upon whom the request is served; or
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) and 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
to permit entry upon designated land or other property
in the possession or control of
the party upon whom the request is served for the purpose of inspection and measuring,
surveying, photographing, testing, or sampling the property or any designated object or
operation thereon, within the scope of Rule 26(b).
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.
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 and describe each with reasonable particularity. The request must
specify a reasonable time, place, and manner of making the inspection and performing the
related acts. The request may specify the forms in which electronically stored information
is to be produced.
(1) Contents of the Request. The request:
(A) must describe with reasonable particularity each item or category of items to be inspected;
(B) must specify a reasonable time, place and manner for the inspection and for performing the related acts; and
(C) may specify the form or forms in which electronically stored information is to be produced.
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. 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, including an objection to the requested form or forms for providing electronically stored
information, stating the reasons for objection. If objection is made to part of an item or
category, the part must be specified and inspection permitted to the remaining parts. If
objection is made to the requested form or forms for producing electronically stored
information -- or if no form was specified in the request -- the responding party must state
the form or forms it intends to use. 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.
(2) Responses and Objections. The party to whom the request is directed must respond in writing within 30 days after being served, but a defendant is not required to serve its response until 45 days after being served with the summons and complaint. 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 must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons.
(C) Objections. An objection to part of a request must specify the part and permit inspection of the rest.
(D) Responding to a Request for Production of Electronically Stored Information. The request 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 must state the form or forms it intends to use.
Unless the parties otherwise agree, or the court
(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:
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;
A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;
if a request does not specify the form or forms for
producing electronically stored
information, a responding party must produce the information in a form or forms in which
it is ordinarily maintained or in a form or forms that are reasonably
If the request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it 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.
Persons not parties
Nonparties. 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.
As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection.
Rule 34 was amended, effective July 1, 1981; March 1, 1990; January 1, 1995; March 1, 1997; March 1, 2008; March 1, 2011.
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.
Rule 34 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Rule 34 was amended, effective March 1, 2008, in response to the 2006 federal revision. The amendments provide guidance regarding requests for electronically stored information.
Sources: Joint Procedure Committee Minutes of January 29-30, 2009, pages 28-29; September 28-29, 2006, pages 20-22; 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; N.D.R.Ev. 510 (Waiver of Privilege by Voluntary Disclosure); Fed.R.Civ.P. 34.
Affected: Superseded: N.D.R.C. 1943
Rules N.D.R.Civ.P. 16 (Pre-Trial Procedure -- Formulating
N.D.R.Civ.P. 26 (General Provisions Governing Discovery), N.D.R.Civ.P. 29
Regarding Discovery Procedures), and N.D.R.Civ.P. 37 (Failure to Make Discovery --
Sanctions) , N.D.R.Civ.P.