Section 3120. Discovery and production of documents and things for inspection, testing, copying or photographing  


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  • 1. After commencement of an action, any party may serve on  any  other
      party a notice or on any other person a subpoena duces tecum:
        (i)  to  produce  and  permit  the party seeking discovery, or someone
      acting on his or her behalf, to inspect, copy, test  or  photograph  any
      designated  documents or any things which are in the possession, custody
      or control of the party or person served; or
        (ii) to permit entry upon designated land or  other  property  in  the
      possession,  custody  or  control  of the party or person served for the
      purpose  of  inspecting,  measuring,   surveying,   sampling,   testing,
      photographing  or recording by motion pictures or otherwise the property
      or any specifically designated object or operation thereon.
        2. The notice or subpoena duces tecum shall specify  the  time,  which
      shall  be  not  less  than  twenty  days  after service of the notice or
      subpoena, and the place and manner of making the inspection, copy,  test
      or  photograph,  or of the entry upon the land or other property and, in
      the case of an inspection, copying, testing or photographing, shall  set
      forth  the  items  to  be  inspected,  copied, tested or photographed by
      individual item or  by  category,  and  shall  describe  each  item  and
      category with reasonable particularity.
        3.  The  party  issuing a subpoena duces tecum as provided hereinabove
      shall at the same time serve a copy  of  the  subpoena  upon  all  other
      parties  and,  within  five days of compliance therewith, in whole or in
      part, give to each party notice that  the  items  produced  in  response
      thereto  are  available  for inspection and copying, specifying the time
      and place thereof.
        4. Nothing contained in this section shall be construed to change  the
      requirement  of  section  2307  that a subpoena duces tecum to be served
      upon a library or a department or bureau of a municipal corporation,  or
      of the state, or an officer thereof, requires a motion made on notice to
      the  library, department, bureau or officer, and the adverse party, to a
      justice of the supreme court or a judge of the court in which the action
      is triable.