Also known as: production of documents · inspection of property · document production · property inspection · FRCP 34 · Rule 34 request · discovery request
Written by attorneys · grounded in primary & secondary sources — see below
A discovery device by which a party may obtain documents or inspect property in the possession of another party. The device requires a written request or subpoena that identifies the items with reasonable particularity and complies with signature and certification rules. Production or inspection occurs at a designated time and place within geographic limits, subject to claims of privilege or undue burden.
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Preston Pratt served Patriot Insurance with a request for every email sent by any employee over five years. The request lacked any narrowing by subject or custodian. Patriot's counsel moved for a protective order, arguing the demand violated the duty to avoid frivolous discovery requests.
Paula Pierce's attorney filed a request for production of property inspection reports but omitted the required signature and contact information. The opposing party objected that the document failed to certify reasonable inquiry into its factual and legal basis. The court struck the request until proper certification was supplied.
Prime Logistics demanded inspection of all vehicles owned by Progressive Healthcare solely to increase litigation costs after settlement talks stalled. The request contained no limit on scope or time period. Progressive moved for sanctions, citing the certification that the request was not interposed for an improper purpose.
Federal prosecutors subpoenaed Pedro Pacheco for business ledgers. Pacheco asserted that complying would authenticate the documents and thereby provide testimonial evidence against him. The court addressed whether the act of production itself enjoyed immunity from later use.
Plaintiffs sought production of internal emails from the Vice President's energy task force. The government resisted, claiming the requests imposed an undue burden on high-ranking officials. The court considered whether mandamus relief was available to block the document demands.
Peak Performance requested backup tapes containing thousands of employee emails from Patriot Insurance. The producing party argued that restoring the tapes would cost hundreds of thousands of dollars. The court evaluated whether cost-shifting was appropriate given the volume of electronic data sought.
The attorney certifies that the request is complete and correct as of the time made, consistent with the rules, not interposed for an improper purpose, and not unreasonable or unduly burdensome given the needs of the case.
A court may impose sanctions when a lawyer makes a discovery request without reasonable inquiry or fails to make diligent efforts to comply with a proper opposing request, as required by professional conduct rules.
…Counsel's petition for a writ of certiorari in order to determine the precise scope of a grant of immunity with respect to the production of documents in response to a subpoena. 528 U. S. 926 (1999). We now affirm. II It is useful to preface our analysis of the constitutional issue with a restatement of certain propositions that…
…attempt to use discovery
…checks, and the production can be made in electronic form obviating the need for mass photocopying.[^maj-49] In fact, whether
…in preserving the ability of its officials to engage in frank and candid discussions. The District Court’s order requiring the
…asserting affirmative defenses.[^maj-3] Petitioners promptly initiated extensive discovery
The act of production may be protected when it implicitly authenticates the documents or provides testimonial information that could be used against the producer in a later proceeding.
Courts consider whether the burden or expense of production outweighs its likely benefit, taking into account the needs of the case, amount in controversy, parties' resources, and importance of the issues.
A subpoena may command production only at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person.