Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering Onto Land, For Inspection and Other Purposes

Producing Documents, Electronically Stored Information, and Tangible

Things, or Entering Onto Land, For Inspection and Other Purposes.

(A)

Scope

Subject to the scope of discovery provisions of Civ.R. 26(B), any party may serve on any

other party a request to produce and permit the party making the request, or someone acting

on the requesting party's behalf (1) to inspect and copy 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 that are in the possession, custody, or

control of the party upon whom the request is served; (2) to inspect and copy, test, or

sample any tangible things that are in the possession, custody, or control of the party upon

whom the request is served; (3) to enter 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, surveying, photographing, testing, or sampling the property or

any designated object or operation on the property.

(B)

Procedure

Without leave of court, the request may be served upon the plaintiff after commencement

of the action and upon any other party after service of the summons and complaint upon

that party. The request shall 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

shall specify a reasonable time, place, and manner of making the inspection and performing

the related acts. The request may specify the form or forms in which electronically stored

information is to be produced, but may not require the production of the same information

in more than one form

al item or

by category and describe each item and category with reasonable particularity. The request

shall specify a reasonable time, place, and manner of making the inspection and performing

the related acts. The request may specify the form or forms in which electronically stored

information is to be produced, but may not require the production of the same information

in more than one form. The party serving the request shall serve an electronic copy of the

request on a shareable medium and in an editable format by electronic mail, or by other

means agreed to by the parties. A party who is unable to provide an electronic copy of the

requests may seek leave of court to be relieved of this requirement.

(1)

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

within a period designated in the request that is not less than twenty-eight

days after the service of the request or within a shorter or longer time as the

court may allow. With respect to each item or category, the response shall

state that inspection and related activities will be permitted as requested,

unless it is objected to, including an objection to the requested form or forms

for producing electronically stored information, 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. 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. The party submitting the request may move for an

order under Civ.R. 37 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.

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. The party submitting the request may move for an

order under Civ.R. 37 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.

(2)

A party who produces documents for inspection shall, at its option, produce

them as they are kept in the usual course of business or organized and

labeled to correspond with the categories in the request.

(3)

If a request does not specify the form or forms for producing electronically

stored information, a responding party may produce the information in a

form or forms in which the information is ordinarily maintained if that

form is reasonably useable, or in any form that is reasonably useable.

Unless ordered by the court or agreed to by the parties, a party need not

produce the same electronically stored information in more than one form.

(C)

Persons not parties

Subject to the scope of discovery provisions of Civ.R. 26(B) and 45(F), a person not a party

to the action may be compelled to produce documents, electronically stored information or

tangible things or to submit to an inspection as provided in Civ.R. 45.

(D)

Prior to filing of action

(1)

Subject to the scope of discovery provisions of Civ.R. 26(B) and 45(F), a person

who claims to have a potential cause of action may file a petition to obtain discovery

as provided in this rule. Prior to filing a petition for discovery, the person seeking

discovery shall make reasonable efforts to obtain voluntarily the information from

the person from whom the discovery is sought

action

(1)

Subject to the scope of discovery provisions of Civ.R. 26(B) and 45(F), a person

who claims to have a potential cause of action may file a petition to obtain discovery

as provided in this rule. Prior to filing a petition for discovery, the person seeking

discovery shall make reasonable efforts to obtain voluntarily the information from

the person from whom the discovery is sought. The petition shall be captioned in

the name of the person seeking discovery and be filed in the court of common pleas

in the county in which the person from whom the discovery is sought resides, the

person’s principal place of business is located, or the potential action may be filed.

The petition shall include all of the following:

(a)

A statement of the subject matter of the petitioner’s potential cause

of action and the petitioner’s interest in the potential cause of action;

(b)

A statement of the efforts made by the petitioner to obtain

voluntarily the information from the person from whom the

discovery is sought;

(c)

A statement or description of the information sought to be

discovered with reasonable particularity;

(d)

The names and addresses, if known, of any person the petitioner

expects will be an adverse party in the potential action;

(e)

A request that the court issue an order authorizing the petitioner to

obtain the discovery.

(2)

The petition shall be served upon the person from whom discovery is sought and,

if known, any person the petitioner expects will be an adverse party in the potential

action, by one of the methods provided in these rules for service of summons.

(3)

The court shall issue an order authorizing the petitioner to obtain the requested

discovery if the court finds all of the following:

(a)

The discovery is necessary to ascertain the identity of a potential

adverse party;

(b)

The petitioner is otherwise unable to bring the contemplated action;

he potential

action, by one of the methods provided in these rules for service of summons.

(3)

The court shall issue an order authorizing the petitioner to obtain the requested

discovery if the court finds all of the following:

(a)

The discovery is necessary to ascertain the identity of a potential

adverse party;

(b)

The petitioner is otherwise unable to bring the contemplated action;

(c)

The petitioner made reasonable efforts to obtain voluntarily the

information from the person from whom the discovery is sought.

1, 2021