Current through Register Vol. 54, No. 24, June 15, 2024
Section 42.54 - Production of documents and things and entry for inspection(a) As authorized in § 42.42 (relating to authorization to employ discovery measures), application may be made to a motions commissioner or motions examiner for one or more of the following: (1) Production of and permission to inspect and copy, test or sample documents (including writings, drawings, graphs, charts, photographs, phonograph records, computer data and other compilations of data from which information may be obtained, translated, if necessary, by the party from whom production is sought into reasonably usable form), other materials or tangible things which are in the possession, custody or control of the party from which production is sought.(2) To permit entry upon designated land or other property in the possession or control of the party from whom production is sought for the purpose of inspecting and measuring, surveying, photographing, testing, sampling or otherwise examining the property or any designated object or operation thereon.(b) The application shall set forth the documents, materials, tangible things, land or property to be inspected with sufficient particularity to allow a determination of their general relevance to the proceedings and shall specify a reasonable time, place and manner of making the inspection and performing the related acts. A copy of the application shall be served upon the party from whom production is sought, who shall file in writing any objections to the application within 15 days after service of the application and who may file a motion for a protective order as provided in § 42.56 (relating to protective orders).(c) If the application so warrants, the motions commissioner or motions examiner will issue and serve an authorization specifying the time, place and manner of making the inspection and performing the related acts, which may or may not be the same as those specified in the application. This authorization will be enforceable as with a subpoena under § 42.50 (relating to enforcement of subpoenas).The provisions of this § 42.54 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended October 28, 1983, effective 10/29/1983, 13 Pa.B. 3283; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909.