§ 2031.030.Form and content of demand

A demand for inspection is only as useful as its own precision, and this section is the drafting checklist that keeps a demand from being vague or unworkable. Every set of demands must be numbered consecutively, and the caption below the case title must identify the demanding party, the set number, and the responding party. A party demanding electronically stored information may also specify, up front, the form or forms in which it wants each type of that information produced.

Each individual demand within the set then has to do four things: identify the documents, tangible things, land, or electronically stored information sought, either item by item or by a reasonably particular category; give a reasonable time for the inspection that is at least 30 days out (or, in an unlawful detainer action or related proceeding, at least five days out), unless the court has granted leave for an earlier date; name a reasonable place for the inspection; and describe the manner of any testing, sampling, or related activity, including whether it will permanently alter or destroy the item involved. That last requirement matters most for destructive testing, since the responding party needs advance notice before something irreplaceable gets consumed in the process.