WSR 13-15-052
RULES OF COURT
STATE SUPREME COURT
[July 10, 2013]
IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CR 34-PRODUCING DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS OR ENTRY ONTO LAND FOR INSPECTION AND OTHER PURPOSES
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ORDER
NO. 25700-A-1027
The Supreme Court Rules Committee having recommended the adoption of the proposed amendments to the Washington State Bar Association's; CR 34-Producing Documents, Electronically Stored Information, and Things or Entry Onto Land for Inspection and Other Purposes; and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as shown below are adopted.
(b) That the amendments will be published in the Washington Reports and will become effective September 1, 2013.
DATED at Olympia, Washington this 10th day of July, 2013.
 
 
Madsen, C.J.
C. Johnson, J.
 
Stephens, J.
Owens, J.
 
Wiggins, J.
J. M. Johnson, J.
 
Gonzalez, J.
Fairhurst, J.
 
Gordon McCloud, J.
SUGGESTED AMENDMENT
CIVIL RULES (CR)
RULE 34. PRODUCINGTION OF DOCUMENTS, ELECTRONICALLY
STORED INFORMATION, AND THINGS AND OR ENTRY UPON ONTO
LAND FOR INSPECTION AND OTHER PURPOSES
(a) Scope. Any party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party making the request, or the party's representative someone acting on his behalf, to inspect, and copy, test, photograph, record, measure, or sample the following items in the responding party's possession, custody, or control: any designated documents, electronically stored information, or things– (including writings, drawings, graphs, charts, photographs, phonorecords sound recordings, images, and other data or data compilations –stored in any medium from which information can be obtained, translated either directly or, if necessary, after translation or conversion by the respondent through detection devices responding party into a reasonably usable form),; or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of rule 26(b) and which are in the possession, custody or control of the responding party upon whom the request is served; or
(2) to permit entry upon onto designated land or other property in the possession possessed or controlled by the responding party, so that the requesting party may of the party upon whom the request is served for the purpose of inspection, and measureing, surveying, photographing, testing, or sampleing the property or any designated object, process or operation on it. thereon, within the scope of rule 26(b).
(b) Procedure.
(1) Service. The request may, without leave of court, be served upon the plaintiff after the summons and a copy of the complaint are served upon the defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or after service of the summons and complaint upon that party.
(2) Contents of the Request. The request:
(A) shall set forth the items to be inspected produced either by individual item or by category, and describe each item and category with reasonable particularity.;
(B) The request shall specify a reasonable time, place and manner of making the inspection production and performing the related acts.;
(C) may specify the form or forms in which electronically stored information is to be produced.
(3) Responses and Objections.
(A) Time to Respond. The responding party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 40 days after service of the summons and complaint upon that defendant. The parties may stipulate or the court may allow a shorter or longer time.
(B) Responding to Each Item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state a specific objection to the request, including the reasons.
(C) Objections. An objection to part of a request must specify the part and permit inspection of the rest.
(D) Responding to a Request for Electronically Stored Information. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a form or forms—or if no form was specified in the request—the responding party must state the form or forms it intends to use.
The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objections shall be stated. If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts. The party submitting the request may move for an order under rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.
(E) Failure to Make Discovery. For any failure to make discovery under this rule, the requesting party may move for an order as provided under rule 37.
(F) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court:
(i1) A party who produces things, electronically stored information, or documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request;
(ii2) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and
(iii3) Unless otherwise stipulated or ordered by the court, for good cause shown, a party need not produce the same electronically stored information in more than one form.
(c) Persons Not Parties. This rule does not preclude an independent action or a subpoena issued pursuant to rule 45 against a person not a party for production of documents and things and permission to enter upon land.