Nonparties. As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection. NOTE Rule 34, the provision governing production of documents including electronic records and applies as in prior practice to materials "in the responding — — party's possession, custody, or control." Subpart (b) continues the traditional provision requiring a description "with reasonable particularity" of each item or category of materials desired. The standard 30- day response period continues. For each item or category, the response must either 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 modern provision states that the party responding to the production request may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. Detailed provisions which parallel those in federal practice deal with — — the "form" in which electronic files may be produced. The response and objection provision now states that any objection must set forth whether any responsive materials are being withheld on the basis of that objection with sufficient particularity to identify what has been withheld. Rule 35. Physical and Mental Examinations Order for an Examination. The court where the action is pending may order a party whose In General. mental or physical condition, including blood group or DNA profile, is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control. The order: Motion and Notice; Contents of the Order. may be made only on motion for good and on notice to all parties and the person to be examined; and must specify the time, place, manner, conditions, and scope of the examination including any testing or procedure to be permitted as — — well as the person or persons who will perform it. may include provisions as needed to address: any persons other than the examiner and examinee who will — — be permitted to be present during the examination. Any such persons shall remain silent during the process. any form of recordation of the examination to be permitted;and any matter necessary to assure that the examination will not be impeded, obstructed or disrupted.
Nonparties. As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection. NOTE Rule 34, the provision governing production of documents including electronic records and applies — as in prior practice — to materials "in the responding party's possession, custody, or control." Subpart (b) continues the traditional provision requiring a description "with reasonable particularity" of each item or category of materials desired. The standard 30- day response period continues. For each item or category, the response must either 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 modern provision states that the party responding to the production request may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. Detailed provisions — which parallel those in federal practice — deal with the "form" in which electronic files may be produced. The response and objection provision now states that any objection must set forth whether any responsive materials are being withheld on the basis of that objection with sufficient particularity to identify what has been withheld. Rule 35. Physical and Mental Examinations Order for an Examination. In General. The court where the action is pending may order a party whose mental or physical condition, including blood group or DNA profile, is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control. Motion and Notice; Contents of the Order. The order: may be made only on motion for good and on notice to all parties and the person to be examined; and must specify the time, place, manner, conditions, and scope of the examination — including any testing or procedure to be permitted — as well as the person or persons who will perform it. may include provisions as needed to address: any persons — other than the examiner and examinee — who will be permitted to be present during the examination. Any such persons shall remain silent during the process. any form of recordation of the examination to be permitted;and any matter necessary to assure that the examination will not be impeded, obstructed or disrupted.
2017-04-03%20-%20FINAL%20Virgin%20Islands%20Rules%20of%20Civil%20Procedure%20(002).docx