is amended to adopt a change made to Fed. R. Civ. P. 26(d) in 2015, which allows

the service of Rule 34 requests before other discovery is permitted. The rule permits a party responding to the request additional time to prepare an appropriate response, but does not compel earlier response or production. The service of an earlier request may also provide earlier notice to a party of the need to preserve evidence for use in the case, and thus eliminate some disputes over spoliation of evidence. The effect of the rule is to authorize earlier service of Rule 34 requests but the rule does not allow a serving party to accelerate the response deadline by doing so. 26.05 Supplementation of Disclosures and Responses (a) In General. A party who has made a disclosure under Rule 26.01 - or who has responded to an interrogatory, request for production, or request for admission - must supplement or correct its disclosure or response: (1) in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or (2) as ordered by the court. (b) Expert Witness. For an expert whose report must be disclosed under Rule 26.01(b)(2), the party's duty to supplement extends both to information included in the report and to information given during the expert's deposition. Any additions or changes to this information must be disclosed by the time the party's pretrial disclosures under Rule 26.01(c) are due. (Amended effective July 1, 2000; amended effective July 1, 2021.) Advisory Committee Comment - 2021 Amendments