Nonparties. As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection. NOTE Rule 34, the provision governing production of documents including electronic records and applies — as in prior practice — to materials "in the responding party's possession, custody, or control." Subpart (b) continues the traditional provision requiring a description "with reasonable particularity" of each item or category of materials desired. The standard 30- day response period continues. For each item or category, the response must either that inspection and related activities will be permitted as requested or state with specificity the grounds for objecting to the request, including the reasons. The modern provision states that the party responding to the production request may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. Detailed provisions — which parallel those in federal practice — deal with the "form" in which electronic files may be produced. The response and objection provision now states that any objection must set forth whether any responsive materials are being withheld on the basis of that objection with sufficient particularity to identify what has been withheld. Rule 35. Physical and Mental Examinations Order for an Examination. In General. The court where the action is pending may order a party whose mental or physical condition, including blood group or DNA profile, is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control. Motion and Notice; Contents of the Order. The order: may be made only on motion for good and on notice to all parties and the person to be examined; and must specify the time, place, manner, conditions, and scope of the examination — including any testing or procedure to be permitted — as well as the person or persons who will perform it. may include provisions as needed to address: any persons — other than the examiner and examinee — who will be permitted to be present during the examination. Any such persons shall remain silent during the process. any form of recordation of the examination to be permitted;and any matter necessary to assure that the examination will not be impeded, obstructed or disrupted.
Command to Produce; Included Obligations. A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding person to permit inspection, copying, testing, or sampling of the materials. Issuing Court. A subpoena must issue from the court where the action is pending. Issued by Whom. The clerk of court must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena if the attorney is authorized to practice in the Virgin Islands. Notice to Parties Before Service. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then — at least 5 days before it is served on the person to whom it is directed — a notice and a copy of the subpoena must be served on each party. Service. By Whom and How; Tendering Fees. Any person who is at 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person. Service in the Virgin Islands. A subpoena may be served at any place within the United States Virgin Islands. Service in a Foreign Country. A subpoena may be served at any place outside the United States Virgin Islands consistent with the provisions of 5 V.I.C. § 505. Proof of Service. Proving service, when necessary, requires filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server. Place of Compliance. For a Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: within 100 miles of where the person resides, is employed, or regularly transacts business in person; or within the state where the person resides, is employed, orregularly transacts business in person, if the person is a party or a party's officer; or is commanded to attend a trial and would not incur substantial expense. For Discovery. A subpoena may command: production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and inspection of premises at the premises to beinspected.