Va. Sup. Ct. R. 4:9

Information, and Things; Entry on Land for Inspection and Other

Purposes; Production at Trial.

(a) Scope. — Any party may serve on any other party a request (1) to produce and

permit the party making the request, or someone acting on his behalf, to inspect, copy,

test, or sample any designated documents or electronically stored information (including

writings, drawings, graphs, charts, photographs, and other data or data compilations

stored in any medium from which information can be obtained, translated, if necessary,

by the respondent into reasonably usable form), or to inspect, copy, test, or sample any

designated tangible things which constitute or contain matters within the scope of Rule

4:1(b) and which are in the possession, custody, or control of the party upon whom the

request is served; or (2) to produce any such documents or electronically stored

information to the court in which the proceeding is pending at the time of trial; or (3) 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 4:1(b).

(b) Procedure. —

(i) Initiation of the Request. The request may, without leave of court, be served upon

the plaintiff after commencement of the action and upon any other party with or after

service of the complaint upon that party. The request must set forth the items to be

inspected either by individual item or by category, and describe each item and category

with reasonable particularity. The request must specify a reasonable time, place, period

and manner of making the inspection and performing the related acts. The request may

specify the form or forms in which electronically stored information is to be produced.

(ii) Response. The party upon whom the request is served must serve a written

response within 21 days after the service of the request, except that a defendant may

serve a response within 28 days after service of the complaint upon that defendant. The

court may allow a shorter or longer time. The response must state, with respect to each

item or category, that inspection and related activities will be permitted as requested,

unless the request is objected to, including an objection to the requested form or forms for

producing electronically stored information, stating the reasons for the objection with

specificity. If objection is made to part of an item or category, the part must be specified

and production must be permitted as to the remaining parts. An objection must state

whether any responsive materials are being withheld on the basis of that objection. If

objection is made to the requested form or forms for producing electronically stored

information - or if no form was specified in the request - the responding party must state

the form or forms it intends to use. The party submitting the request may move for an

order under Rule 4:12(a) with respect to any objection to or other failure to respond to the

request or any part thereof, or any failure to permit inspection as requested. A motion

under this Rule must be accompanied by a certification that the movant has in good faith

conferred or attempted to confer with other affected parties in an effort to resolve the

dispute without court action.

(iii) Organization, Reasonable Accessibility, and Forms of Production. Unless the

parties otherwise agree, or the court otherwise orders:

(A) Production of Documents. A party who produces documents for inspection must

either produce them as they are kept in the usual course of business or organize and label

them to correspond with the categories in the request.

(B) Electronically Stored Information.

(1) Responses to a request for production of electronically stored information are

subject to the provisions of Rules 4:1(b)(7) and 4:1(b)(8).

(2) If a request does not specify the form or forms for producing electronically

stored information, or if a responding party objects to the requested form or forms of

production, a responding party must produce the information as it is ordinarily

maintained if it is reasonably usable in such form or forms, or must produce the

information in another form or forms in which it is reasonably usable. A party need not

produce the same electronically stored information in more than one form.

(iv) Proceedings Under the Uniform Interstate Depositions and Discovery Act.

Production of documents and electronic records sought in Virginia pursuant to a

subpoena issued under the authority of a foreign jurisdiction are subject to the provisions

of the Uniform Interstate Depositions and Discovery Act, Virginia Code §§ 8.01-412.8

through 8.01-412.15.

(c) Proceedings on Failure or Refusal to Comply. — If a party fails or refuses to

obey an order made under section (b) of this Rule, the court may proceed as provided by

Rule 4:12(b)(2).

(d) Filing. — Requests to a party pursuant to this Rule and responses or objections

should be filed as provided in Rule 4:8(c).