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RI · rules

R.I. Super. Ct. R. Civ. P. 34

Production of Documents, Electronically Stored Information, and Things; Entry Upon Land for Inspection for Other Purposes

activein force · 2024-02-01 – presentact-effective-date

(a) Scope. Any

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

(1) To produce and permit the party making the request, or someone acting on

the party's behalf, 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 format; or

(B) Any designated tangible thing.

(2) To permit entry upon 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 thereon.

(b) Procedure.

(1) 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, complaint, Language Assistance Notice, and all other required documents

upon that party. The request shall set forth the items to be inspected, copied, tested,

or sampled either by individual item or by category, and describe each item and

category with reasonable particularity. A party requesting production of

electronically stored information may specify the format in which each type of

electronically stored information is to be produced. The request shall specify a

reasonable time, place, and manner of making the inspection, copy, test, or sample.

(2) The party upon whom the request is served shall serve a written response

within forty (40) days after the service of the request, except that a defendant may

serve a response within sixty (60) days after service of the summons, complaint,

Language Assistance Notice, and all other required documents upon that defendant.

The court may allow a shorter or longer time. The response shall state, with respect

to each item or category, that inspection, copying, testing, or sampling will be

permitted as requested, unless the request is objected to, in which event the reasons

for objection shall be stated. If objection is made to part of an item or category, the

part shall be specified and inspection, copying, testing, or sampling permitted of the

remaining parts. Any response to a request for production of any electronically

stored information shall also state, with respect to each item or category in the

request:

(A) That inspection, copying, testing, or sampling of the information will be

permitted as requested; or

(B) Any objection to the request and the reasons for the objection.

(3) A party who produces documents shall produce them as they are kept in the

usual course of business or shall organize and label them to correspond with the

categories in the request.

(4) If a party responding to a request for production of electronically stored

information objects to a specified format for producing the information, or if a

format is not specified in the request, the responding party shall state in the response

the format for production of each type of electronically stored information. Unless

the parties otherwise agree or the court otherwise orders:

(A) If a request for production does not specify a format for producing a type of

electronically stored information, the responding party shall produce the information

in a format in which it is ordinarily maintained or in a format that is reasonably

usable; and

(B) A party need not produce the same electronically stored information in more

than one format.

(5) 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

thereof, or any failure to permit inspection, copying, testing, or sampling as

requested.

(c) Persons Not Parties. A person not a party to the action may be compelled to

produce documents and things or to submit to an inspection as provided in Rule 45.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
4ea0527bc520db6aa9715bf2ad1ab8074d6831c17505828314bb5d04ecc7a397
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