TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 5, 2016
RE: Rule 34, N.D.R.Civ.P., Producing Documents, Electronically Stored Information and Tangible Things, or Entering onto Land for Inspection and Other Purposes
Proposed amendments to Rule 34 consistent with the December 1, 2015, amendments to Fed.R.Civ.P. 34 are attached.
The proposed amendments begin at line 32 with new language requiring grounds for an objection to production to be stated with specificity, allowing copies to be produced instead of allowing inspection, and requiring an objection to state if any requested materials are being withheld based on the objection. The attached federal comments indicate that the new language is intended to clarify requirements for objections and to reflect the common practice of providing copies.
As discussed under Rule 26, a shorter response time for Rule 34 requests was included under the federal rule amendments. This amendment is not included with the proposed changes to Rule 34, which currently has a 30 day deadline for responding but allows a defendant 45 after service of the summons and complaint to respond.