Requests for entry and inspection

AuthorWilliam M. Audet/Kimberly A. Fanady
request entry anD insPection task 44
Request Entry and Inspection
A. You may inspect, measure, survey, photograph,
test or sample real property or any designated
object or operation on the property that is in
another party’s possession or control. FRCP
B. To inspect or test a nonparty’s property, you must
serve a subpoena under FRCP 45. See Task 40.
C. The party seeking inspection may not observe tests
on the property performed by the opposing party’s
expert. See Teer v. Law Eng’g & Envtl. Servs.,
Inc., 176 F.R.D. 206 (E.D.N.C. 1997) (denying
plaintiffs’ motion to compel defendant to provide
advance notice of “any testing, assessment, or cor-
rective actions on the subject property and to per-
mit Defendant to attend, observe, and record what
is done”).
D. During the inspection, you may not ask questions
of or interview the personnel working there in
order to obtain information relevant to the litiga-
tion. U.S. v. Territory of the Virgin Islands, 280
F.R.D. 232 (D. V.I. 2012) (during inspection
of correctional facility, government agents not
entitled to ask prison staff questions about prison
operations, processes, and procedures).
A. Without leave of court or the parties’ written
stipulation, you may not serve requests to inspect
before the parties’ FRCP 26(f)(1) initial meeting.
FRCP 26(d)(1).
B. Request entry and inspection as soon as possible
to avoid any claim that the property, object or
operation materially changed since the relevant
event occurred.
C. Do not serve requests to inspect less than 33 days
before the discovery cutoff without prior agree-
ment by counsel or a court order because:
1. The responding party is allowed 30 days to
respond. FRCP 34(b)(2)(A).
2. The party has three more days to respond if
you serve the requests by mail. FRCP 6(e).
D. If you serve requests to inspect less than 33 days
before the discovery cutoff, you and responding
counsel must agree to shorten the response time or
you must move to shorten time. See Task 94.
E. Specify a reasonable time for the inspection, no
sooner than the date the responding party has to
serve a written response (usually 33 days).
A. Determine whether you need to inspect another
party’s property or an object or operation on
another party’s property.
1. Review your annotated proof of fact (see Task
4) and identify facts you must prove to win
your case.
2. For example, if the case involves a manufac-
turing defect, determine whether inspecting the
manufacturing plant is necessary to prove your
case or rebut your opponent’s case.
B. Draft the requests to inspect using Form 15 as a
guide. Carefully define the scope of the inspection.
Include notice of the following:
1. Who will be entering and inspecting (e.g.,
counsel, experts, parties, photographer).
2. The date, time and duration of the requested
Task 44 Request Entry and Inspection
Task 45 Respond to Entry and Inspection Requests
Task 46 Determine Whether to Compel Entry and
Form 15 Request for Entry and Inspection
Form 16 Response to Request for Entry and Inspection

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