[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.37]

[Page 64-65]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec. 3.37  Production of documents and things; access for inspection 
and other purposes.

    (a) Availability; procedures for use. Any party may serve on another 
party a request: to produce and permit the party making the request, or 
someone acting on the party's behalf, to inspect and copy any designated 
documents, as defined in Sec. 3.34(b), or to inspect and copy, test, or 
sample any tangible things which are within the scope of Sec. 
3.31(c)(1) and in the possession, custody or control of the party upon 
whom the request is served; or to permit

[[Page 65]]

entry upon designated land or other property in the possession or 
control of the party upon whom the order would be 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 Sec. 3.31(c)(1). Each such request shall specify 
with reasonable particularity the documents or things to be inspected, 
or the property to be entered. Each such request shall also specify a 
reasonable time, place, and manner of making the inspection and 
performing the related acts. A party shall make documents available as 
they are kept in the usual course of business or shall organize and 
label them to correspond with the categories in the request. A person 
not a party to the action may be compelled to produce documents and 
things or to submit to an inspection as provided in Sec. 3.34.
    (b) Response; objections. The response of the party upon whom the 
request is served shall state, with respect to each item or category, 
that inspection and related activities will be permitted as requested, 
unless the request is objected to, in which event the reasons for the 
objection shall be stated. If objection is made to part of an item or 
category, the part shall be specified and inspection permitted of the 
remaining parts. The party submitting the request may move for an order 
under Sec. 3.38(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.

[61 FR 50649, Sept. 26, 1996]