Exam 15: Inspection of Property, Documents, and Things

Define -real property.

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

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

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

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?

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.

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

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?

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

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