Rule 34.Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceRule 34 lets one party demand that another produce documents and electronically stored information, permit inspection or testing of tangible things, or allow entry onto land for inspection, and it sets out a parallel procedure for reaching the same materials when a non-party holds them.

Full Text of Rule 34

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G) (H)

(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 requester’s behalf, to inspect and copy, any designated documents or electronically stored information (including, without limitation, writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations from which information can be obtained or translated, if necessary, by the respondent into reasonably usable form); or

(2) to inspect and 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

(3) 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).

(B) Timing. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

(C) Procedure. The request must set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request may specify the form or forms in which electronically stored information is to be produced. The request must specify a reasonable time, place, and manner of making the inspection and performing the related acts.

(D) Responses. The party upon whom the request is served must serve a written response within a period designated in the request, not less than thirty days after service, or within such shorter or longer time as the court may allow. The response must state, with respect to each item or category, that inspection and related activities will be permitted as requested unless documents are produced with the response or an objection is asserted.

(E) Objections. If objection is made to part of an item or category, the part must be specified. If objection is made to the requested form or forms for producing electronically stored information--or if no form was specified in the request--the responding party must state the form or forms it intends to use. General objections must not be made and will have no effect. A general objection is an objection that is not directed to a specific request, does not specifically state the grounds on which it is based, or applies globally. Any objection must state whether any responsive materials are being withheld on the basis of that objection. The party submitting the request may move for an order under Rule 37(A) with respect to any objection to or other failure to respond to the request or any part of the request, or any failure to permit inspection as requested.

(F) Manner of production. Unless the parties otherwise agree, or the court otherwise orders, a party who produces documents for inspection must produce them as they are kept in the usual course of business or must organize and label them to correspond with the categories in the request. If a request for electronically stored information does not specify the form or forms of production, a responding party must produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable. A party need not produce the same electronically stored information in more than one form.

(G) Application to Non-parties:

(1) Scope. A witness or person other than a party may be requested to produce or permit the matters allowed by subdivision (A). Such request must be served upon other parties and included in or with a subpoena served upon such witness or person.

(2) Timing. A request or subpoena to produce or permit as permitted by this rule must not be served upon a non-party until at least ten days after the date on which the party intending to serve such request or subpoena serves a copy of the proposed request and subpoena on all other parties. Provided, however, that if such request or subpoena relates to a matter set for hearing within such ten-day period or arises out of a bona fide emergency, such request or subpoena may be served upon a non-party one day after service of the proposed request or subpoena to all other parties.

(3) Objections. Any party objecting to the request or subpoena must serve a written response within ten days of service setting forth the specific grounds for the objection and a proposed date and time to meet and confer under Rule 26(F). If the parties cannot reach an agreement, the objecting party must move to quash or modify as permitted by Rule 45(B) within twenty days of the objection. If no timely motion to quash is filed, the party may serve the request or subpoena.

(4) Procedure. The request must contain the matter provided in subdivision (C) and state that the witness or person to whom it is directed:

(a) is entitled to security against damages or payment of damages resulting from such request;

(b) and may respond to such request by submitting to its terms, by proposing different terms, by objecting specifically or generally to the request by serving a written response to the party making the request within thirty days, or by moving to quash as permitted by Rule 45(B).

(5) Responses. Any party, or any witness or person upon whom the request properly is made may respond to the request as provided in subdivisions (D-F). If the non-party objects, refuses to cooperate after responding, fails to respond, or if the response is incomplete, the party making the request may move for an order under Rule 37(A) with respect to any such response or objection. In granting an order under this subsection and Rule 37(A)(2) the court must condition relief upon the prepayment of damages to be proximately incurred by the witness or person to whom the request is directed or require an adequate surety bond or other indemnity conditioned against such damages. Such damages must include reasonable attorneys’ fees incurred in reasonable resistance and in establishing such threatened damage or damages.

(6) Providing copies. A party receiving documents from a non-party must serve copies on all other parties within fifteen days of receiving the documents. If the documents are voluminous and service of a complete set of copies is burdensome, the receiving party must notify all parties within fifteen days of receiving the documents that the documents are available for inspection at the location of their production by the non-party, or at another location agreed to by the parties. The parties must agree to arrangements for copying, and any party desiring copies must bear the cost of reproducing them.

(H) Exception to best evidence rule. When a party or witness in control of a writing or document subject to examination under this rule or Rule 9.2(E) refuses or is unable to produce it, evidence thereof must be allowed by other parties without compliance with the rule of evidence requiring production of the original document or writing as best evidence.

End

Amendment History

This rule’s current text took effect January 1, 2026. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.

Plain-English Summary

Rule 34 is Indiana’s tool for making an opponent open its files, its warehouse, or its property to inspection. Section A lets a party demand three things: copies of documents or electronically stored information such as emails, spreadsheets, or photographs; the chance to inspect, test, or sample physical objects that bear on the case and that the other side controls; or entry onto land the other side possesses, to measure, photograph, test, or sample it. Section B lets a party send this request early — on the plaintiff once the case is filed, and on any other party as soon as that party is served with the complaint — without asking the court’s permission first.

Sections C through F spell out how the back-and-forth works. The request has to describe what it wants item by item or by category, with enough detail that the other side knows what to look for, and it has to name a reasonable time, place, and method for the inspection. The responding party then has at least thirty days to answer in writing, agreeing to produce what’s asked for or objecting to it. Objections can’t be vague: the rule bars “general” objections that don’t point to a specific request or spell out the ground for refusing, and any objection has to say whether the responding party is withholding anything because of it. When documents do come over, the producing party must hand them over as they’re normally kept in the business, or organize them to match the categories in the request, and electronic records go out in a usable form even if the request never specified one.

Section G extends the same basic process to witnesses and other non-parties, but wraps it in extra protection since a stranger to the lawsuit is being asked to do work. A party who wants documents from a non-party has to pair the request with a subpoena and give the other parties in the case at least ten days’ notice before serving it — one day, if the request ties to an imminent hearing or a genuine emergency. A party who objects has ten days to raise specific grounds and propose a time to talk it through, and, absent an agreement, twenty days to ask the court to quash or narrow the subpoena. The rule also promises the non-party security against the cost of complying, lets copies get shared among all sides once they’re produced, and, in Section H, allows a party to prove up a document’s contents through other evidence when the person holding the original refuses or is unable to produce it.

Frequently Asked Questions

What’s the difference between Rule 34 and a subpoena?

Rule 34 governs requests sent directly to another party in the lawsuit; no subpoena is needed because the party is already before the court. Reaching the same kind of material from someone who isn’t a party requires both a Rule 34 request and a subpoena, served together under Section G.

How long does a party have to respond to a request for production?

At least thirty days after service, though the request can allow more time, and the court can shorten or lengthen that period.

Can a party object to a request for production without explaining why?

No. Rule 34 forbids general objections — an objection that doesn’t target a specific request or spell out its grounds has no effect. Every objection has to say whether responsive material is being withheld because of it.

Does Rule 34 cover electronically stored information like emails and text messages?

Yes. Section A treats electronically stored information the same as paper documents, and Section F says that if a request doesn’t specify a format, the responding party must produce it in the form it’s normally kept in or another usable form.

Can Rule 34 be used to get documents from someone who isn’t a party to the lawsuit?

Yes, through Section G. The request must be paired with a subpoena, served on the non-party only after the other parties in the case have had notice, and it comes with safeguards like advance notice, a chance to object, and security against the cost of compliance.

What happens if the other side won’t produce what I asked for?

The party who sent the request can move for an order under Rule 37(A) compelling production. If the objection was unjustified or no response arrived, the court can order the material produced and may require the resisting party to cover the cost of the motion.

Can I get a document into evidence if the other side won’t produce the original?

Section H lets a party prove up a document’s contents through other evidence, without meeting the usual rule that requires the original, when the party or witness who controls it refuses or is unable to produce it.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 34). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source

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