(a) Any party may serve on any other party a request to:
(1) Produce and permit the party making the request, or a person
acting on his or her behalf, to inspect and copy any designated
documents, or to inspect and copy, test, or sample any tangible things
which are in the possession, custody, or control of the party upon whom
the request is served; or
(2) Permit entry upon designated land or other property in the
possession or control of the party upon whom the request is served for
the purpose of inspection and measuring, photographing, testing, or for
other purposes as stated in paragraph (a)(1) of this section.
(3) Submit to a physical or mental examination by a physician.
(b) The request may be served on any party without leave of the
administrative law judge.
(c) The request shall:
(1) Set forth the items to be inspected either by individual item or
by category;
(2) Describe each item or category with reasonable particularity;
(3) Specify a reasonable time, place, and manner of making the
inspection and performing the related acts;
(4) Specify the time, place, manner, conditions, and scope of the
physical or mental examination and the person or persons by whom it is
to be made. A report of examining physician shall be made in accordance
with Rule 35(b) of the Federal Rules of Civil Procedure, title 28
U.S.C., as amended.
(d) The party upon whom the request is served shall serve on the
party submitting the request a written response within thirty (30) days
after service of the request.
(e) The response shall state, with respect to each item or category:
(1) That inspection and related activities will be permitted as
requested; or
(2) That objection is made in whole or in part, in which case the
reasons for objection shall be stated.
(f) A copy of each request for production and each written response
shall be served on all parties, but shall not be filed with the Office
of Administrative Law Judges unless the presiding judge so orders, the
document is being offered into evidence, the document is submitted in
support of a motion or a response to a motion, filing is required by a
specialized rule, or there is some other compelling reason for its
submission.
[48 FR 32538, July 15, 1983, as amended at 59 FR 41877, Aug. 15, 1994]
