Friday, June 28, 2013

Rule 34 Inspection


Rule 34 of the Mississippi Rules of Civil Procedure allows a party to request that certain documents be produced by an opposing party.  Lots of people overlook the second part of the Rule in section (a) which provides that which allows a party “(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 Rule 26 (b).”    

As a practice tip, it is often a good idea to personally do a property inspection on the opposing parties' property during a divorce action.  It is amazing how much stuff is routinely left off their financial declaration that is in plain view upon inspection.  Additionally, this is extremely helpful in a custody case to help to understand how the opposing party lives and can potentially shed lots of light on various Albright factors on custody. 

 

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