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A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
(1) The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons, complaint, Language Assistance Notice, and all other required documents upon that party.
Rule 55 - Default. (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b) Judgment.
Federal Rules of Civil Procedure. Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes.
Read the Rule in its Entirety. With the recent e-discovery amendments, a change in Rule 26(d)(2) states that either party can issue a Rule 34 request for documents 21 days after the service of summons and complaint, which allows each side a glimpse into the relevant information as soon as possible.
The court may, at any time, in its discretion dismiss any action for failure of the plaintiff to comply with these rules or any order of court, or for lack of prosecution if the action has been pending for more than five (5) years.
Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.
Under Rule 34, the party seeking discovery need merely serve a request upon his opponent. Only if the opponent objects to the request must the discovering party obtain a court order.