Requests for entry and inspection

• Author: William M. Audet/Kimberly A. Fanady
• Pages: 285-294

HANDLING FEDERAL DISCOVERY

CHAPTER 8: REQUESTS

FOR ENTRY AND

INSPECTION

TASKS

Task 44 Request Entry and Inspection

Task 45 Respond to Entry and Inspection Requests

Task 46 Determine Whether to Compel Entry and Inspection

FORMS

Form 15 Request for Entry and Inspection

Form 16 Response to Request for Entry and Inspection

TASK 44

Request Entry and Inspection

I. WHAT AND WHY

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 34(a)(2).

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.

SeeTeer 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 corrective actions on the subject

property and to permit 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 litigation. 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).

II. WHEN

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).

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