Rule 34.Discovery and Production of Documents and Things for Inspection, Copying, or Photographing

Rule 15-6-34 is South Dakota’s counterpart to what many call a request for production, or RFP. Any party may serve another with a request to inspect, copy, test, or sample documents and tangible things within the scope of Rule 15-6-26(b) that are in the responding party’s possession, custody, or control. The rule defines documents broadly, reaching writings, drawings, graphs, charts, photographs, and other data compilations, translated into usable form through detection devices if needed. A request can also ask to enter land or other property the responding party possesses or controls, to inspect, measure, survey, photograph, test, or sample it or something on it.

Procedurally, a request may be served on the plaintiff once the case begins, and on any other party with or after the summons and complaint, without needing the court’s permission. The request must describe each item or category with reasonable particularity and specify a reasonable time, place, and manner for the inspection. The responding party has thirty days to serve a written response, or forty-five days if it is a defendant responding after being served with the summons and complaint, unless the court allows a different time. For each item or category, the response must state that inspection will be permitted as requested, or state the reasons for objecting; a partial objection must identify the objectionable part. The requesting party can move to compel under Rule 15-6-37(a) over any objection or failure to respond or permit inspection. When a party produces documents, it must produce them as they are kept in the ordinary course of business, or organize and label them to match the categories in the request.

Rule 15-6-34 reaches only parties to the case. It does not stop a party from bringing a separate, independent action against someone who is not a party to get documents or things produced, or to get permission to enter their land.