(a) Scope. Any party may serve on any other party a request:
(1) To produce and permit the party making the request, or someone acting on his or her behalf, to inspect and copy any designated documents including writings, drawings, graphs, charts, photographs, records in any form, and other data compilations from which information can be obtained or to inspect and copy, test, or sample any tangible things that constitute or contain matters:
- (A) Within the scope of this subpart; and
- (B) That are in the possession, custody, or control of the party upon whom the request is served;
- (2) To permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for inspecting, measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon within the scope of this subpart; or
- (3) To preserve any designated documents or other information identified in subdivision (a)(1) of this section for discovery during the course of a docket or staff investigation.
(b) Procedure.
(1) The request shall:
- (A) Set forth the items to be inspected either by individual item or by category; and
- (B) Describe each item and category with reasonable particularity.
- (C) Specify a reasonable time, place, and manner of:
(i) Making the inspection; and
- (ii) Performing the related acts.
- (2) 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 objection shall be stated.
(3) If objection is made to part of an item or category, the part shall be specified.
- (c) A data request that contains requests for production shall be governed by this section.
Codification Notes: This section was promulgated as Rule 5.10 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.