§22.05 Request for Production of Documents and Things

• Jurisdiction: Washington

§ 22.05 REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS

[1] Use and Scope

A request for production of documents and things may be served without leave of court. The spouse has 30 days to respond to the request, except that the defendant may answer or object within 40 days from the date of service of the summons and petition. CR 33(a). If objections are to be filed, the objections must be filed within the same time frame. Id. The request may include copies of income tax returns, statements of wages, pension benefits, deeds, earnest money receipts, canceled checks and passbooks, savings account statements, brokerage account statements, financial statements, and business books and records.

This procedure grants the right to gain entry upon the residence in the possession of the spouse for the purpose of inspection and/or appraisal. But see Gillett v. Conner, 132 Wn. App. 818, 827, 133 P.3d 960 (2006), which required the trial court to balance CR 34 with CR 26(b)(1) and make findings as to "the degree to which the proposed inspection would aid in the search for truth against the burdens and dangers posed by the inspection, and limit the frequency or extent of use of the discovery methods to prevent undue burdens." See also Mulligan v. E. S.S. Lines, Inc., 170 F.2d 882 (2d Cir. 1948), vacated 338 U.S. 801, 70 S. Ct. 56, 94 L. Ed. 485 (1949) (plaintiff's estate was allowed to inspect a shipping vessel, the scene of the accident, including the right to inspect defective appliances, to take photos, and to make measurements).

Practice Tip: When the client lacks sufficient knowledge concerning the spouse's earnings and assets, a request for production of documents and things is especially effective to obtain documents to support a motion for maintenance and/or child support in advance of the hearing. Serve the request with the summons, petition, and temporary restraining order, but note the 40-day waiting period or ask the court to shorten the time to respond if support is of a critical nature.

Absent an independent action in equity, CR 34 is not available to compel the production of documents and things from nonparties, such as bank records from a financial institution or payroll records from an employer. The proper procedure is to use a subpoena duces tecum for deposition as provided in CR 45.

CR 34(c) does not preclude independent actions in equity against third persons if necessary. For example, if a third person is holding property such as money for one of the...