Rule 34 Inspection

Rule 34 Inspection

Rule 34 Inspection

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 asked questions

What must an inspection request specify?

What must an inspection request specify?

The property, and the time, place, and manner of inspection including any testing, measurement, or sampling to be performed.

Why negotiate a protocol?

Why negotiate a protocol?

Because requests stating only that entry is sought produce disputes on site about what activities are permitted.