R 205.1260 Compelling production of documents and things for inspection, copying, or photographing

Rule 260

(1) After a petition invoking the jurisdiction of the tribunal has been filed, the tribunal may, upon motion of a party, do either or both of the following:

(a) Order a party to produce, and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, records, accounts, letters, photographs, objects, or tangible things which are not privileged, which come within the scope of discovery permitted by R 205.1255, and which are in the party's possession, custody, or control.

(b) Order a person who has been served with a subpoena duces tecum to permit the inspection and copying or photographing of the books, papers, documents, or tangible things subpoenaed.

(2) The order shall specify the time, place, and manner of making the inspection and copies, photographs, or samplings and may prescribe terms and conditions as are just.

(3) If the party or person claims that the item is not in his, her, or its possession or control or that he, she, or it does not have information calculated to lead to discovery of the item's whereabouts, then he, she, or it may be ordered to submit to examination before a tribunal member or to other means of discovery regarding the claim.

History: 1954 ACS 84, Eff. Aug. 16, 1975; 1979 AC; 1996 MR 4, Eff. May 2, 1996.