P r o d u c i n g D o c u m e n t s,

Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes (a) In General. A party may serve on any other party a request within the scope of RCFC 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: RCFC 34 54 (A) any designated documents or electronically stored information— including writings, drawings, graphs, charts, sound photographs, 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 the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. responding party, so that (b) Procedure. (1) Contents of the Request. The request: (A) must describe with reasonable particularity each item or 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 stored which information is to be produced. electronically (2) Responses and Objections. (A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being served or—if request was the delivered under RCFC 26(d)(2)— within 30 days after the Early Meeting of Counsel (see Appendix A ¶ 3). A shorter or longer time may be stipulated to under RCFC 29 or be ordered by the court. that (B) Responding to Each Item. For each item or category, the response must inspection and either state related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including The responding party may state that it will produce copies of documents or reasons. the of electronically stored information instead of permitting inspection. The production must then be completed no later than the time for inspection specified in the request or another reasonable time specified in the response. (C) Objections. An objection must state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request must specify the part and permit inspection of the rest. (D) Responding to a Request for Production of Electronically Stored Information. The response may state an objection to a requested form for producing 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. electronically (E) Producing by the Documents or Electronically Stored Information. stipulated or Unless otherwise court, ordered these the 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 to correspond to the categories in the request; them label (ii) If a request does not specify a producing for form stored electronically information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and (iii) A party need not produce the same stored electronically information in more than one form. (c) Nonparties. As provided in RCFC 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection. (As revised and reissued May 1, 2002; as amended Nov. 15, 2007, Nov. 3, 2008, Aug. 1, 2016.) Rules Committee Notes 2002 Revision RCFC 34 is identical to FRCP 34. 2007 Amendment RCFC 34 has been amended to reflect the corresponding changes to FRCP 34 that became effective December 1, 2006. 2008 Amendment The language of RCFC 34 has been amended to conform to the general restyling of the FRCP. 2016 Amendment RCFC 34 has been amended in accordance with the corresponding changes to FRCP 34 that became effective December 1, 2015.