Multiple Amendments Enacted During the 2017 Legislative Session

1. A. IN GENERAL. A party may serve on any other party a request within the scope of Section 3226 of this title:

   1. 1. To produce and permit the requesting party or its representative to inspect, copy, test or sample the following items in the possession, custody or control of the responding party:

      1. a. any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations – stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form, or
      2. b. any designated tangible things; or
   2. 2. To permit entry onto designated land or other property possessed or controlled by the responding party so that the requesting party may inspect, measure, survey, photograph, test or sample the property or any designated object or operation on it.

2. B. PROCEDURE. 1.

   1. a. shall describe with reasonable particularity each item or category of items to be inspected,
   2. b. shall specify a reasonable time, place and manner for the inspection and for performing the related acts, and
   3. c. may specify the form or forms in which electronically stored information is to be produced.

   4. 2.

      1. a. The party to whom the request is directed shall respond in writing within thirty (30) days after being served.
      2. b. For each item or category, the response shall either state that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production shall be completed no later than the time for inspection specified in the request, or another reasonable time specified in the response.
      3. c. An objection shall state whether any responsive materials are being withheld on the basis of that objection. An objection to part of a request shall specify the part and permit inspection of the rest.
      4. d. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form, or if no form was specified in the request, the party shall state the form or forms it intends to use.

      5. e. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information:

         1. (1) a party shall produce documents as they are kept in the usual course of business or shall organize and label them to correspond to the categories in the request,
         2. (2) if a request does not specify a form for producing electronically stored information, a party shall produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms, and
         3. (3) a party need not produce the same electronically stored information in more than one form.

   The request:

3. C. NONPARTIES. A nonparty may be compelled to produce documents and tangible things or to permit an inspection as provided in Section 2004.1 of this title.

   Version 2 (as amended by Laws 2017, SB 661, c. 389, § 6, eff. November 1, 2017) (Repealed by Laws 2018, SB 1299, c. 313, § 4, eff. January 1, 2019)

4. A. SCOPE. Any party may serve on any other party a request:

   1. 1. To produce and permit the party making the request, or someone acting on the party's behalf, to inspect, copy, test and sample any designated documents or electronically stored information - including, but not limited to, writings, drawings, graphs, charts, photographs, motion picture films, phonograph records, tape and video recordings, records and other data compilations from which information can be obtained - translated, if necessary, by the respondent through detection devices into reasonably usable form, or to inspect and copy, test or sample any tangible things which constitute or contain matters within the scope of subsection B of Section 3226 of this title and which are in the possession, custody or control of the party upon whom the request is served; or
   2. 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 the purpose of inspection and measuring, surveying, photographing, testing or sampling the property or any designated object or operation thereon, within the scope of subsection B of Section 3226 of this title.
5. B. PROCEDURE. 1. The request to produce or permit inspection or copying may, without leave of court, be served upon any party after the filing of an answer. Upon leave of court or otherwise agreed to in writing by the parties subject to Section 3229 of this title, request to produce or permit inspection or copying may be served and responded to prior to the filing of an answer.
6. 2. The number of requests to produce or permit inspection or copying shall not exceed thirty in number. If counsel for a party believes that more than thirty requests to produce or permit inspection or copying are necessary, counsel shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional requests. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the party seeking to submit such additional requests for production or inspection shall file a motion with the court (1) showing that counsel have conferred in good faith but sincere attempts to resolve the issue have been unavailing, (2) showing reasons establishing good cause for their use, and (3) setting forth the proposed additional requests for production or inspection.

7. 3. The request:

   1. a. shall set forth and describe with reasonable particularity the items to be inspected either by individual item or by category,
   2. b. shall specify a reasonable time, place and manner of making the inspection and performing the related acts, and
   3. c. may specify the form or forms in which electronically stored information is to be produced.

8. 4.

   1. a. The party, upon whom the request is served, shall serve a written response within thirty (30) days after the service of the request. The court may allow a shorter or longer time.
   2. b. The response shall state, with respect to each item or category, that inspection and related activities shall be permitted as requested, unless the request is objected to, in which event the reasons for objection 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.
   3. c. If objection is made to the requested form or forms for producing electronically stored information, or if no form was specified in the request, the responding party shall state the form or forms it intends to use.
   4. d. The party submitting the request may move for an order under subsection A of Section 3237 of this title 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.

9. 5. Unless the parties otherwise agree, or the court otherwise orders:

   1. a. a party who produces 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,
   2. b. if a request does not specify the form or forms for producing electronically stored information, a responding party shall produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable, and
   3. c. a party is not required to produce the same electronically stored information in more than one form.
   4. C. PERSONS NOT PARTIES. A person not a party to the action may be compelled to produce documents and things or to submit to an inspection as provided in Section 2004.1 of this title.

Version 1 (as amended by Laws 2017, HB 1570, c. 378, § 4, eff. November 1, 2017)

Laws 1982, HB 1912, c. 198, § 11, eff. October 1, 1982; Amended by Laws 1989, HB 1154, c. 129, § 10, eff. November 1, 1989; Renumbered from 12 O.S. § 3211 by Laws 1989, HB 1154, c. 129, § 14, eff. November 1, 1989; Amended by Laws 1993, HB 1468, c. 351, § 4, eff. September 1, 1993; Amended by Laws 2008, SB 1922, c. 394, § 1, eff. November 1, 2008 (superseded document available); Amended by Laws 2010, SB 2039, c. 50, § 7, eff. November 1, 2010 (superseded document available); Amended by Laws 2017, HB 1570, c. 378, § 4, eff. November 1, 2017; Amended by Laws 2017, SB 661, c. 389, § 6, eff. November 1, 2017 (superseded document available).