Ind. Trial Rule 34

stored information, and things and entry upon land for

inspection and other purposes

Effective January 1, 2026

(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, sur-

veying, 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 con-

ditioned 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.