Rule 34. Production of documents and things and entry upon land for inspection and other purposes. - North Carolina Statutes

Rule 34. Production ofdocuments and things and entry upon land for inspection and other purposes.

(a)        Scope. – Any partymay serve on any other party a request (i) to produce and permit the partymaking the request, or someone acting on his behalf, to inspect and copy, anydesignated documents (including writings, drawings, graphs, charts,photographs,  phono‑records, and other data compilations from whichinformation can be obtained, translated, if necessary, by the respondentthrough detection devices into reasonably usable form), or to inspect and copy,test, or sample any tangible things which constitute or contain  matters withinthe scope of Rule 26(b) and which are in the possession, custody or control ofthe party upon whom the request is served; or (ii) to permit entry upondesignated land or other property in the possession or control of the partyupon whom the request is served for the purpose of inspection and measuring,surveying, photographing, testing, or sampling the property or any designatedobject or operation thereon, within the scope of Rule 26(b).

(b)        Procedure. – Therequest may, without leave of court, be served upon the plaintiff aftercommencement of the action and upon any other party with or after service ofthe summons and complaint upon that party. The request shall set forth theitems to be inspected either by individual item or by category, and describeeach item and category with reasonable particularity. The request shall specifya reasonable time, place, and manner of making the inspection and performingthe related acts.

The party upon whom therequest is served shall serve a written response within 30 days after theservice of the request, except that  a defendant may serve a response within 45days after service of the summons and complaint upon that defendant. The courtmay allow a shorter or longer time. The response shall state, with respect toeach item or category, that inspection and related activities will be permittedas requested, unless the request is objected to, in which event the reasons forobjection shall be stated. If objection is made  to part of an item orcategory, the part shall be specified. The party submitting the request maymove for an order under Rule 37(a) with respect to any objection to or other failureto respond to the request or any part thereof, or any failure to permitinspection as requested.

There shall be sufficientspace following each request in which the respondent may state the response. The respondent shall: (1) state the response in the space provided, usingadditional pages if necessary; or (2) restate the request to be followed by theresponse.  An objection to a request shall be made by stating the objection andthe reason therefor either in the space following the request or following therestated request.

(c)        Persons notparties. – This rule does not preclude an independent action against a personnot a party for production of documents and things and permission to enter uponland. (1967, c. 954, s. 1; 1969, c. 895, s. 8; 1973, c. 923,s. 1; 1975, c. 762, s. 2; 1987, c. 613, s. 2.)