Deck 15: Inspection of Property, Documents, and Things

Question 1

Rule 34 provides that the respondent shall have at least days after service of the summons and complaint upon the defendant in which to prepare a response to the demand; otherwise the limit is days.

A) 30; 30.
B) 30; 45.
C) 45; 30.
D) 45; 45.

Answer 1

C

Question 2

When can you use a subpoena duces tecum to obtain access to real estate to photograph the property?

Answer 2

Never.

Question 3

Rule 34 cannot be used to compel a party to prepare a document that does not already exist.

Answer 3

True

Question 4

A paralegal may prepare, sign, and serve the demand for inspection.

Question 5

Rule 29 permits modification of the discovery procedures to be made by either oral or written stipulation.

Question 6

What right does the respondent have to copies of the product of the proponent's inspection of the respondent's property?

Question 7

A party may not use a subpoena duces tecum to compel another party to produce personal property, including documents, for inspection.

Question 8

What information must be contained in a demand for inspection?

Question 9

What must be stated in the written demand for inspection under Rule 34?

Question 10

For what purpose can a party demand the right to inspect real estate that is under the control of another party?

Question 11

An inspection of property or things is not permitted when which of the following testing procedures is involved:

A) partial destruction.
B) total destruction.
C) invasive procedures.
D) all of the above.
E) none of the above.

Question 12

If a party wished to obtain an inspection of property under the control of a non-party, the party may not use Rule 34 to obtain access.

Question 13

Suppose a paralegal has used an informal approach to obtain documents on behalf of the plaintiff and when the case comes to trial it appears that the defendant has not produced all of the documents that you believe you requested. What can the trial team do?

Question 14

Under Rule 6(b), a motion to shorten the time for a party to respond to a request for an inspection cannot be made ex parte.

Question 15

How should the respondent answer a written request for inspection if the respondent does not have the specified property but knows where the property is?

Question 16

Rule 34 does not provide access to:

A) property owned by a party.
B) property controlled by a party.
C) property legally possessed by a party.
D) none of the above.

Question 17

The respondent must produce business records in the same form and condition as they are used in the respondent's business.

Question 18

A party must serve the demand for inspection upon all other parties even though the demand for inspection applies to property under the control of only one party.

Question 19

A party who wants to inspect another party's property must make a motion and show "good cause" as a prerequisite.

Question 20

Rule 26(b) which limits the scope of discovery to matters that are relevant does not apply to inspections of properties conducted pursuant to Rule 34.

Question 21

Define
real property.

Question 22

What recourse does a party have if the other party, in response to a request for inspection submitted under Rule 34, fails to respond that the inspection will be permitted as requested or fails to allow inspection as requested?

Question 23

Define
destructive testing.

Question 24

What may the proponent do if the parties cannot agree upon a mutually convenient time and place for the inspection or cannot obtain agreement upon the manner in which the inspection may be conducted?

Question 25

What may a court do if the parties cannot agree on how the tests should be done?

Question 26

How may a party find out about the existence or identity of property the party wants to inspect?

Question 27

List two of the primary purposes of the respondent's written response to a proponent's demand for inspection.

Question 28

What information must be contained in a demand for inspection?

Question 29

A subpoena duces tecum must be issued by a court that has
over the deponent or custodian of property to be inspected.

Question 30

What may a party do if he or she needs to obtain access to a building that is under the control of a non-party who is uncooperative?