60-234. Production of documents, electronically stored information and things and entry upon land for inspection and other purposes.
60-234
60-234. Production of documents, electronicallystored information and things and entryupon land forinspection and other purposes.(a) Scope. Any party may serve on any other party a request (1) toproduce and permit the party making the request, or someone acting on theparty's behalf, to inspect, copy, test or sample anydesignated documents or electronically stored information (includingwritings, drawings, graphs, charts, photographs, soundrecordings, images and other data or data compilations stored inany medium from which information can be obtained, translated, ifnecessary, by the respondent into reasonablyusable form), or to inspect, copy, test or sample anydesignated tangible things which constitute or contain matters withinthe scope of subsection (b) of K.S.A. 60-226, and amendmentsthereto, andwhich are in thepossession, custody or control of the partyupon whom the request is served; or (2) to permit entry upon designatedland or other property in the possession or control of the party upon whomthe request is served for the purpose of inspection and measuring,surveying, photographing, testing or sampling the property or anydesignated object or operation thereon, within the scope of subsection(b) of K.S.A. 60-226, and amendments thereto.
(b) Procedure. The request, without leave of court, may beservedupon the plaintiff after commencement of the action and upon any otherparty with or after service of process upon that party. The request shallset forth the items to be inspected either by individual item or bycategory, and describe each item and category with reasonableparticularity. The request shall specify a reasonable time, place andmanner of making the inspection and performing the related acts.The request may specify the form or forms in which electronically storedinformation is to be produced.
The party upon whom the request is served shall serve a written responsewithin 30 days after the service of the request, except that adefendant may serve a response within 45 days after service ofprocess upon that defendant. The court may allow a shorter or longer time.The response shall state, with respect to each item or category, thatinspection and related activities will be permitted as requested unlessthe request is objected to, including an objection tothe requested form or forms producing electronically stored information,stating the reasons for objection. If objection ismade to part of an item or category, the partshall be specified and inspection permitted of the remaining parts.If objection is made to the requested form or forms for producingelectronically stored information, or if no form was specified in the request,the responding party must state the form or forms the party intends to use.The party submitting the request may move for an orderunder subsection (a) of K.S.A. 60-237, and amendmentsthereto, with respect to any objection to orother failure to respond to the request or any part thereof, or any failureto permit inspection as requested.
Unless the parties otherwise agree, or the court otherwise orders:
(1) A party who produces documents for inspection shall produce them asthey are kept in the usual course of business or shall organize and label themto correspond to the categories in the request;
(2) if a request does not specify the form or forms for producingelectronically stored information, a responding party must produce theinformation in a form or forms in which it is ordinarily maintained or in aform or forms that are reasonably usable; and
(3) a party need not produce the same electronically stored information inmore than one form.
(c) Persons not parties. A person not a party to the action may becompelled to produce documents, electronically stored information andthings or to submit to an inspection as provided in K.S.A. 60-245 and60-245a, and amendments thereto.
History: L. 1963, ch. 303, 60-234; amended by SupremeCourt order dated July 20, 1972;L. 1986, ch. 215, § 8;L. 1997, ch. 173, § 17;L. 2008, ch. 21, § 4; July 1.