Also known as: FRCP 34 · Fed. R. Civ. P. 34 · Federal Rule of Civil Procedure 34
Written by attorneys · grounded in primary & secondary sources — see below
A timing and coordination rule that permits delivery of requests for production more than twenty-one days after service of the summons and complaint. The rule integrates such requests with initial-disclosure obligations concerning damages computations and insurance agreements and authorizes their use in conjunction with party depositions.
Rosa Ruiz sued Redwood Bank for breach of fiduciary duty after losing investment value. In her initial disclosures she listed only a lump-sum damages figure. Redwood Bank moved to compel production of the monthly statements and tax returns she had used to calculate the loss. The court ordered production because the documents formed the basis of her damages computation.
Regina Robinson sued Riverfront Developments for pollution-related injuries. The company produced its primary liability policies but withheld reinsurance treaties. Robinson moved to compel disclosure of the treaties. The court required production because the agreements obligated reinsurers to reimburse the insured for any judgment.
Select any source to read its text and confirm it supports the definition.
Roland Rhodes noticed the deposition of a corporate officer at Regal Apparel. The notice listed specific emails and contracts to be produced at the deposition. Regal Apparel objected that the requests were untimely. The court overruled the objection because the notice properly incorporated a Rule 34 request.
Ryan Roberts sued Redline Automotive after a car accident. Defense counsel interviewed an eyewitness and prepared notes. Roberts served a Rule 34 request for the notes. The court denied the request because the notes constituted protected work product prepared in anticipation of litigation.
Riley Rivera sued a former employer for discrimination and requested production of archived emails. The employer argued that restoring backup tapes would be unduly burdensome. The court applied a multi-factor test to decide whether to shift some production costs to the requesting party.
Rita Russell sued a corporation alleging securities violations. She sought production of internal legal memoranda. The corporation claimed attorney-client privilege. The court examined whether disclosure of some privileged documents to third parties had waived protection for the remainder.
A party may deliver Rule 34 requests more than twenty-one days after it has been served with the summons and complaint. The requests are deemed served on the date of the first Rule 26(f) conference, at which point the response period begins to run. This exception permits early framing of document issues while preserving the normal sequencing of discovery obligations.
Supporting sources
A party must make available for inspection and copying the documents or other evidentiary material on which each damages computation is based. This includes materials bearing on the nature and extent of injuries suffered. The obligation applies to information then reasonably available to the disclosing party.
Supporting sources
Reinsurance treaties must be disclosed when they obligate an insurer to reimburse the insured for sums it becomes legally obligated to pay as damages. The rule covers agreements to indemnify or reimburse for payments made to satisfy a judgment. Remote third-party status does not remove the treaties from the disclosure duty.
Supporting sources
A party may accompany a deposition notice to a party deponent with a Rule 34 request to produce documents and tangible things at the deposition. When a subpoena duces tecum is served on a nonparty deponent, the materials designated for production must be listed in the notice or an attachment.
Supporting sources
…assumption in its opinion, although its order to produce and its contempt order stated that both Rules 33 and 34 were involved. Rule 34 establishes a procedure whereby, upon motion of any party showing good cause therefor and upon notice to all other parties, the court may order any party to produce and permit the…