Rule 34.Producing Documents, Electronically-Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 34 lets a party demand that another party produce documents, electronically-stored information, or tangible things for inspection, or permit entry onto land — and sets the procedure, deadlines, and rules for the form of electronic production.

Full Text of Rule 34

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

(a) In General. A party may serve on any other party a request within the scope of Rule 26(b):

(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.

(1) Contents of the 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 service of the summons and complaint upon that defendant. A shorter or longer time may be stipulated to under Rule 29 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 an objection to the request, including the reasons.

(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 Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection.

End

Plain-English Summary

Rule 34 is the document-discovery rule. Within the scope of Rule 26(b), a party may request that another party produce documents, electronically-stored information (ESI), or tangible things for inspection and copying, or permit entry onto land to inspect or test it.

The request must describe each item or category with reasonable particularity and may specify the form for producing ESI. The responding party must answer in writing within 30 days (45 for a defendant after service of the summons and complaint), either agreeing to produce or stating specific objections. Absent a different agreement or order, documents are produced as kept in the ordinary course of business (or labeled to match the request), and ESI is produced in its ordinary form or a reasonably usable one — and need not be produced in more than one form. Nonparties are reached through a Rule 45 subpoena.

Frequently Asked Questions

What can I request under Rule 34?

Production of documents, electronically-stored information, or tangible things for inspection and copying, or permission to enter and inspect land or property — anything within the scope of Rule 26(b).

How long does the other side have to respond?

Thirty days after service, except a defendant may respond within 45 days after being served with the summons and complaint.

How do I get documents from a nonparty?

Through a subpoena under Rule 45, which can compel a nonparty to produce documents and things or permit an inspection.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: request for productionrfpdocument requestdocumentsesielectronically stored informationinspection