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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 34 PRODUCTION
OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER
PURPOSES
CR
34.01 SCOPE
Any party may serve on any other party a request (a) to produce and
permit the party making the request, or someone acting on his
behalf, to inspect and copy any designated documents (including
writings, drawings, graphs, charts, photographs, phono-records, and
other data compilations from which information can be obtained,
translated, if necessary, by the respondent through detection
devices into reasonably usable form), or to inspect and copy, test,
or sample any tangible things which constitute or contain matters
within the scope of Rule 26.02 and which are in the possession,
custody or control of the party upon whom the request is served; or
(b) to permit entry upon designated land or other property in the
possession or control of the party upon whom the request is served
for the purpose of inspection and measuring, surveying,
photographing, testing, or sampling the property or any designated
object or operation thereon, within the scope of Rule 26.02.
[Amended
eff. 10-1-71; adopted eff. 7-1-53]
CR
34.02 PROCEDURE
(1) The request may, without leave of court, be served upon the
plaintiff after commencement of the action and upon any other party
with or after service of the summons upon that party. The request
shall set forth the items to be inspected either by individual item
or by category, and describe each item and category with reasonable
particularity. The request shall specify a reasonable time, place,
and manner of making the inspection and performing the related acts.
(2) The party upon whom the request is served shall serve a written
response within 30 days after the service of the request, except
that a defendant may serve a response within 45 days after service
of the summons upon that defendant. The court may allow a shorter or
longer time. The response shall state, with respect to each item or
category, that inspection and related activities will be permitted
as requested, unless the request is objected to, in which event the
reasons for objection shall be stated. If objection is made to part
of an item or category, the part shall be specified. The party
submitting the request may move for an order under Rule 37.01 with
respect to any objection to or other failure to respond to the
request or any part thereof, or any failure to permit inspection as
requested.
[Adopted eff.
10-1-71]
CR
34.03 PERSONS NOT PARTIES
Rule 34 does not
preclude an independent action against a person not a party for
production of documents and things and permission to enter upon
land.
[Adopted eff.
10-1-71]
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