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With the new law regarding E-Discovery now in place, Rule
34 identifies new procedures regarding the production of documents
and electronic data for litigation.
Rule 34. Production of Documents and Things and Entry
Upon Land for Inspection and Other Purposes
(a) Scope.
Any party may serve on any other party a request (1) 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 which 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
(2) 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).
The entire overview for FRCP
- Rule 34 (LII 2007 ed.) may be reviewed online.
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