Current through Register Vol. 54, No. 12, March 23, 2024
(a) The party upon whom
the request is served shall within thirty days after the service of the request
(1) serve an answer including objections to
each numbered paragraph in the request, and
(2) produce or make available to the party
submitting the request those documents and things described in the request to
which there is no objection.
(i) Where the
documents may be identified only after review of a larger group of documents,
and the burden of identifying the documents would be substantially the same for
the party serving the request as for the party served, the party served may
afford the party serving the request reasonable opportunity to identify the
documents, to examine or inspect them and to obtain copies.
(b) The answer shall be
in the form of a paragraph-by-paragraph response which shall
(1) identify all documents or things produced
or made available;
(2) identify all
documents or things not produced or made available because of the objection
that they are not within the scope of permissible discovery under Rule
4003.2 through Rule
4003.6 inclusive and Rule
4011(c). Documents or things not produced shall be identified with reasonable
particularity together with the basis for non-production;
(3) specify a larger group of documents or
things from which the documents or things to be produced or made available may
be identified as provided by subdivision (a)(2)(i);
(4) object to the request on the grounds set
forth in Rule 4011(a), (b), and (e) or on the ground that the request does not
meet the requirements of Rule 4009.11;
(5) state that after reasonable
investigation, it has been determined that there are no documents responsive to
the request.
(c) The
answer shall be signed and verified by the party making it and signed also by
the attorney making an objection if one is set forth.
(d) If a request if reasonably susceptible to
one construction under which documents sought to be produced are within the
scope of the request and another construction under which the documents are
outside the scope of the request, the answering party shall either produce the
documents or identify with reasonable particularity the documents not produced
together with the basis for non-production.
