Montana Rule of Civil Procedure 34 outlines the process for requesting the production of documents and tangible things for inspection, copying, testing, or sampling in a civil case. In simple terms, it allows one party in a lawsuit to ask the other party to provide specific documents or other evidence relevant to the case.
Key Aspects of Rule 34
The rule allows a party to request another party to:
- Produce documents.
- Permit inspection of documents.
- Allow copying of documents.
According to the reference information, "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 requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which..." information can be obtained.
What Can Be Requested?
Rule 34 allows requests for a wide range of items, including:
- Documents: This includes writings, drawings, graphs, charts, photographs, and electronic data.
- Tangible Things: This can include physical objects relevant to the case.
- Entry onto Land: Permission to enter designated land or property possessed or controlled by the responding party to inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Example
Imagine a car accident case. A plaintiff (the person suing) might use Rule 34 to request the following from the defendant (the person being sued):
- The defendant's insurance policy.
- Any photos the defendant took of the accident scene.
- Maintenance records for the defendant's vehicle.
- Cell phone records to determine if the defendant was texting while driving.
Responding to a Rule 34 Request
The party receiving the request must respond within a specified time frame, either agreeing to produce the requested items or objecting to the request. Objections are typically based on grounds such as:
- The request is overly broad or unduly burdensome.
- The requested information is not relevant to the case.
- The requested information is protected by privilege (e.g., attorney-client privilege).
Importance of Rule 34
Rule 34 is a critical tool for discovery in civil litigation, allowing parties to gather evidence needed to support their claims or defenses. Proper use of Rule 34 can significantly impact the outcome of a case.
