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Responses to requests for production of documents under Rule 34

Responses to requests for production of documents under Rule 34 are the topic of this blog post. Requests for production of documents in United States District Court are governed by Rule 34 of the Federal Rules of Civil Procedure (Rule 34) and in United States Bankruptcy Court by Federal Rule of Bankruptcy Procedure 7034.

The responses to the requests for production of documents must be served on the propounding party and all other parties to the action within 30 days after service unless otherwise stipulated or ordered by the court. This time period is extended to 33 days if the requests were served by mail.

The responses must comply with the applicable provisions of Rule 34. Each request must be responded to separately and under oath and the attorney must sign any response that contains any objections.

The responding party should understand that the Federal courts in particular are notoriously intolerant of generic or “boilerplate” objections that are interposed without any supporting facts. Examples include “overbroad and oppressive” where no details are provided as to why the request is overbroad and oppressive. The use of boilerplate objections with no supporting facts may result in the imposition of significant monetary sanctions as well as waiver of the objections.

Responses to requests for producing electronically stored information should comply with the following provisions.

Rule 34(B) states that, “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.”

Rule 34(C) states that, “An objection to part of a request must specify the part and permit inspection of the rest.”

Rule 34(D) states that, “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.”

Rule 34(E) states that, “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.”

Attorneys or parties who would like to view a portion of a sample 13 page responses to requests for production of documents in United States District Court under Rule 34 containing brief instructions for responding, a generic verification under oath with notary acknowledgment for use in most states, a specific verification for California only, and proof of service by mail sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by visiting: http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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