Minn. R. Civ. P. 34.02
Rule 34.02 is amended to establish presumptive rules for the procedural aspects of discovery of electrically stored information. These include allowing the party seeking discovery to specify the form or medium for response, providing a default rule that applies if the request does not specify a form, and making it clear that a party does not need to produce information in more than one form.
Advisory Committee Comment-2018 Amendments
Rule 34.02 is amended to adopt the changes made to Federal Rule 34 in 2015. The most sifftiflcant change is the provision in Rule 34.02(c) (i) that requires a party asserting an objection to a request for production to disclose whether any document is being withheld from production based on those objections. This rule change has curtailed one aspect of game-playing from federal practice and has worked well in federal court. It is adopted in state court practice to accomplish the same purpose. The rule does not require a detailed log of all documents withheld, but the objecting party must make it clear that documents are being withheld based on the objections asserted. This disclosure can then support dialogue over the nature of withheld information and a motion to resolve the appropriateness of the objections asserted.
The rule is also reformatted to make it clearer and easier to use by adding subdivisions and heading. These formatting changes are not intended to effect the interpretation of the rule.