Rule 34: Producing Documents and Tangible Things

Rule 34 allows parties to demand that other parties hand over documents, electronically stored information (ESI), and tangible things relevant to the case. It also permits entry onto property for inspection or testing. This is one of the most frequently used discovery tools.

Requests must describe the items sought with reasonable particularity. The responding party has 30 days to respond and must either produce the documents or state objections with specificity. Importantly, the responding party must state whether any responsive documents are being withheld based on an objection — you cannot simply object and stay silent about whether documents exist.

Documents must be produced either as kept in the ordinary course of business or organized and labeled to correspond with the categories in the request. For electronically stored information, the 2006 amendments added specific provisions: ESI must be produced in the form requested or, if no form is specified, in a reasonably usable form. The producing party need not produce ESI from sources that are not reasonably accessible because of undue burden or cost, though the court may still order production for good cause.