Discovery
Physical and Site Discovery
Rule 34(a)(2) permits a party to request entry onto designated land or property to inspect, measure, survey, photograph, test, or sample. The request must describe the property and specify the time, place, and manner.
Non-party property requires a subpoena.
Alternative Names:
Entry Upon Land, Inspection Request
Why it Matters?
Specifying the manner of inspection is what prevents disputes at the site, since a request stating only that entry is sought produces disagreement about whether photography, measurement, or testing is permitted once the parties arrive. Negotiating a written protocol addressing who attends, what equipment is used, and how the inspection is documented is standard practice for any inspection beyond a walkthrough.
Frequently Confused with
Related terms
Frequently asked questions
What must an inspection request specify?
Why negotiate a protocol?
