RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES

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Rule 34.03: Persons not Parties.

As provided in Rule 45, a person not a party can be compelled to produce documents and tangible things or to permit an inspection.

Advisory Commission Comments.

This Rule provides a method by which a party may obtain access to relevant material objects under the control of another party. This procedure has long been established in the Federal Rules of Civil Procedure. It has not had an exact equivalent in Tennessee procedure, although a somewhat similar procedure was authorized under T.C.A. §24-1101 et seq. [repealed].

34.01: The provisions of this rule [in 1984] permit a party to obtain documents which are subject to another party's effective control (e.g., medical records). [1984.]

34.02: A party responding to a request for production obviously must produce documents. To alleviate occasional abuses whereby a party will change the usual organization of files, the [1984] amendment requires either arrangement of records as kept in the course of business or rearrangement to track the request. [1984.]

34.03 [2009]: New Rule 34.03 replaces the earlier version, which mentioned an independent action for production or entry. The subpoena duces tecum procedure in Rule 45 is more efficient.

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