NRCP 34

Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes

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Rule 34. Producing Documents, Electronically Stored Information, and
Tangible Things, or Entering Onto Land, for Inspection and Other Purposes

 (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) 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.

 (2) Responses and Objections.

 (A) Time to Respond. The
party to whom the request is directed must respond in writing within 30 days
after being served. A shorter or longer time may be stipulated 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 the ground for
objecting to the request, with specificity, 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 must 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 must state whether any responsive materials are being withheld on the
basis of that objection. 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 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 must 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 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
producing the documents as they are kept in the usual course of business would
make it unreasonably burdensome for the requesting party to correlate the
documents being produced with the categories in its request for production, the
responding party must (a) specify the records in sufficient detail to permit
the requesting party to locate the documents that are responsive to the
categories in the request for production, or (b) organize and label the records
to correspond to the categories in the request;

 (ii) if a request does
not specify a form for producing electronically stored information, a party
must 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, electronically
stored information, and tangible things or to permit an inspection.

 (d) Expenses of Copying Documents and/or
Producing Electronically Stored Information. Unless the court
orders otherwise, the requesting party must pay the responding party the
reasonable cost of copying documents. If the responding party produces
electronically stored information by a media storage device, the requesting party
must pay the reasonable cost of the device.

 [Amended; effective March 1, 2019.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.