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Rule 205. Discovery From Nonparties (Aug1998)

TEXT

205.1 Forms of Discovery; Subpoena Requirement. A party may compel discovery from a nonparty - that is, a per­son who is not a party or subject to a party's control - only by obtaining a court order under Rules 196.7, 202, or 204, or by serving a subpoena compelling:

(a) an oral deposition;

(b) a deposition on written questions;

(c) a request for production of documents or tangible things, pursuant to Rule 199.2(b)(5) or Rule 200.1(b), served with a notice of deposition on oral examination or written questions; and

(d) a request for production of documents under this rule.

205.2 Notice. A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties, a copy of the form of notice required under the rules governing the applicable form of discovery. This notice must be served before or at the same time that the subpoena is served.

205.3 Production of Documents Without Deposition.

(a) Notice; subpoena. A party may compel production of documents from a nonparty by serving on the nonparty and all parties - a reasonable time before the response is due but no later than the earlier of 30 days before the end of any applicable discovery period - the notice required in Rule 205.2 and a subpoena compelling production or inspection of documents or tangible things.

(b) Contents of notice. The notice must state:

(1) the name of the person from whom production or inspection is sought to be compelled;

(2) a reasonable time and place for the production Or inspection; and

(3) the items to be produced or inspected, either by individual item or by category, describing each item and category with reasonable particularity, and, if applicable, describing the desired testing and sampling with sufficient specificity to inform the nonparty of the means, manner, and procedure for testing or sampling.

(c) Requests for production o/medical or mental health records of other nonparties. If a party requests a nonparty to produce medical or mental health records of another nonparty, the requesting party must serve the nonparty whose records are sought with the notice required under this rule. This requirement does not apply under the circumstances set forth in Rule 196.1(c)(2).

(d) Response.· The nonparty must respond to the notice and subpoena in accordance with Rule 176.6.

(e) Custody, inspection and copying. The party obtaining the production must make all materials produced available for inspection by any other party on reasonable notice, and must furnish copies to any party who requests at that party's expense.

(f) Cost of production. A party requiring production of documents by a nonparty must reimburse the nonparty’s reasonable costs of production.

Aug. 4, 1998, eff. Jan. 1, 1999.

AMENDMENTS

Prior Amendments Future Amendments
  Nov. 9, 1998, eff. Jan. 1, 1999
  Technical Corrections Dec. 31, 1998, eff. Jan. 1, 1999

Notes and Comments

Comments to 1999 change: Under this rule, a party may subpoena production of documents and tangible things from non­parties without need for a motion or oral or written deposition.