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Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Enteri...

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
V. Disclosure and Discovery
16 A.R.S. Rules of Civil Procedure, Rule 34
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, for Inspection and Other Purposes
<For applicability of amending Order No. R-17-0010, effective July 1, 2018, see the Application Provisions note at the beginning of the Arizona Rules of Civil Procedure.>
(a) Generally. 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) Number. Any party may serve on any other party requests for items or distinct categories of items, subject to the numeric limits in Rule 26.2(f) and the procedures in Rule 26.2(g) and (h) for obtaining permission to exceed those limits.
(2) Contents of the Request. The request:
(A) must describe with reasonable particularity each item or distinct 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
(C) may specify the form or forms in which electronically stored information is to be produced.
(3) Responses and Objections.
(A) Time to Respond. Unless the parties agree or the court orders otherwise, the party to whom the request is directed must respond in writing within 30 days after being served. Subject to compliance with Rule 26(f)(1) by the party serving discovery, a defendant may serve its responses and any objections within 60 days after service--or execution of a waiver of service--of the summons and complaint on that defendant.
(B) Responding to Each Item. For each item or distinct category of items, the response must either state that inspection and related activities will be permitted as requested or state the grounds for objecting with specificity, including the reasons.
(C) Objections. An objection must state whether any responsive materials are being withheld on the basis of that objection. A party objecting to part of a request must specify the objectionable part and permit inspection of the other requested materials.
(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, which must be native form or another reasonably usable form that will enable the requesting party to have the same ability to access, search, and display the information as the responding party.
(E) Producing the Documents or Electronically Stored Information. Unless the parties agree or the court orders otherwise, 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 native form or in another reasonably usable form that will enable the requesting party to have the same ability to access, search, and display the information as the responding party; and
(iii) absent good cause, 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.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective July 1, 2018.

Editors' Notes

SUPPLEMENTAL NOTE
Rule 34 provides for the inspection and, if desired, copying of discoverable documents. The costs of copying should be borne by the party that requests that copies be made. If a party designates documents to be copied after a permitted inspection, or specifies in the request that copies of documents may be provided in response, that party should be responsible for any copying costs involved. If a party, in response to a request made under this rule, elects to furnish copies in lieu of permitting an inspection, that party should bear any copying or related costs incurred. Reference should be made to A.R.S. § 12-351 (costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions) for guidelines as to what constitutes reasonable copying charges.
16 A. R. S. Rules Civ. Proc., Rule 34, AZ ST RCP Rule 34
Current with amendments received through 08/15/19
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