K.S.A. 60-234.Production of documents, electronically stored information, tangible things and entry onto land for inspection and other purposes

Last amended July 1, 2017 · Last verified July 28, 2026

In one sentenceK.S.A. 60-234 lets a party request inspection, copying, testing, or sampling of documents, electronically stored information, and tangible things in another party's possession, or entry onto land the other party controls, and requires a written response within 30 days (45 for a defendant) addressing each item.

Full Text of K.S.A. 60-234

Text sizeJump to: (a) (b) (c)

(a) In general. A party may serve on any other party a request within the scope of K.S.A. 60-226(b), and amendments thereto:

(1) To produce and permit the requesting party, or its representative, to inspect, copy, test or sample the following items in the responding party's possession, custody or control:

(A) 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 either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

(B) any designated tangible things; or

(2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test or sample the property or any designated object or operation on it.

(b) Procedure. The request may be served on the plaintiff after commencement of the action and on any other party with or after service of process on that party.

(1) Contents of request. The request:

(A) Must describe with reasonable particularity each item or category of items to be inspected;

(B) must specify a reasonable time, place and manner for the inspection and for performing the related acts; and

(2) Responses and objections.

(A) Time to respond. The party to whom the request is directed must respond in writing within 30 days after being served, except that a defendant may serve a response within 45 days after being served with process. A shorter or longer time may be stipulated to under K.S.A. 60-229, and amendments thereto, or be ordered by the court.

(B) Responding to each item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production must then be completed no later than the time for inspection specified in the request or another reasonable time specified in the response.

(C) Objections. An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest.

(D) Responding to a request for production of electronically stored information. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form, or if no form was specified in the request, the party must state the form or forms it intends to use.

(E) Producing the documents or electronically stored information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information:

(i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;

(ii) if a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and

(iii) a party need not produce the same electronically stored information in more than one form.

(c) Nonparties. As provided in K.S.A. 60-245 and 60-245a, and amendments thereto, a nonparty may be compelled to produce documents, electronically stored information and tangible things or to permit an inspection.

End

Amendment History

L. 1963, ch. 303, 60-234; amended by Supreme Court order dated July 20, 1972; L. 1986, ch. 215, § 8; L. 1997, ch. 173, § 17; L. 2008, ch. 21, § 4; L. 2010, ch. 135, § 103; L. 2017, ch. 75, § 7; July 1.

Plain-English Summary

A party can serve a request within the scope of K.S.A. 60-226(b) to inspect, copy, test, or sample documents, electronically stored information, or tangible things the responding party possesses, custody, or controls, or to enter onto land or property the responding party possesses or controls in order to inspect, measure, survey, photograph, test, or sample it or anything on it. The request can be served on the plaintiff once the action starts and on any other party once served with process, and it has to describe each item or category with reasonable particularity and specify a reasonable time, place, and manner for the inspection.

The responding party gets 30 days to answer in writing -- 45 days for a defendant responding after service of process -- unless the parties stipulate to a different period under K.S.A. 60-229 or the court sets one. For each item or category, the response must either agree to the inspection as requested or state the grounds for objecting with specificity, and any objection has to say whether responsive material is being withheld on that basis; objecting to only part of a request still requires permitting inspection of the rest. A party can offer to produce copies instead of allowing inspection, but has to complete that production by the time specified for inspection or another reasonable time stated in the response.

Electronically stored information gets its own set of rules. A request can specify the form of production, and if the responding party objects to that form or none was specified, it has to say what form it intends to use instead. Absent a stipulation or court order, documents must be produced as kept in the ordinary course of business or organized to match the request's categories, electronically stored information not requested in a particular form goes out in the form it's ordinarily maintained in or another reasonably usable form, and a party never has to produce the same electronically stored information in more than one form. Subsection (c) points to K.S.A. 60-245 and 60-245a for compelling a nonparty to produce documents or permit an inspection.

Frequently Asked Questions

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

K.S.A. 60-234(b)(2)(A) gives 30 days after being served with the request, extended to 45 days for a defendant responding after being served with process, unless the parties stipulate to a different time or the court orders one.

Can I request electronically stored information in a specific format?

Yes. Subsection (b)(1)(C) lets the request specify the form or forms in which electronically stored information should be produced. If the responding party objects to the requested form, or none was specified, it must state the form or forms it intends to use.

Do I have to allow entry onto my property under this rule?

Subsection (a)(2) allows a request for entry onto designated land or other property the responding party possesses or controls, so the requesting party can inspect, measure, survey, photograph, test, or sample it or any designated object or operation on it.

Can I produce copies of documents instead of letting the other side inspect the originals?

Yes. Subsection (b)(2)(B) lets the responding party state that it will produce copies of documents or electronically stored information instead of permitting inspection, so long as production is completed by the time specified for inspection or another reasonable time stated in the response.

Do I have to produce the same electronic file in more than one format?

No. Subsection (b)(2)(E)(iii) states that a party need not produce the same electronically stored information in more than one form.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source

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