inspection of documents

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In reference to law, inspection of documents is a party’s legal right to examine the opposing party’s documents relevant to the lawsuit during pre-trial discovery (disclosures). Federal Rules of Civil Procedure 34 sets forth the general scope of documents that a party can request to inspect and the procedure for making that request.

In federal courts, an inspection-of-documents request is subject to the scope of Federal Rules of Civil Procedure 26(b). Within the scope, a party can inspect any designated documents or electronically stored information including writings, drawings, graphs, charts, photographs.

An inspection-of-documents request must describe specifically what items to be inspected and specify a reasonable time, place, and manner for the inspection. A sample inspection-of-documents request form can be referenced here.

In the case when the party to whom the request is sought fails to respond or refuses to produce, the part seeking the inspection can bring a motion to compel inspection following Federal Rules of Civil Procedure 37(a).

The opposing party can object the inspection request for any specific items. Subject to Federal Rules of Civil Procedure 26(c), the opposing party can also submit a motion for a protective order to protect them from annoyance, embarrassment, oppression, or undue burden or expense resulting from the request.

[Last updated in July of 2020 by the Wex Definitions Team]