§ 140A.053.Contents of Demand

Content requirements, in four subsections, and they are the recipient’s main protection.

Subsection (a) applies to every demand. It must describe the nature of the activities that are the subject of the investigation, state each statute the activity violates, and advise the person served that they have the right to object as provided in this subchapter.

The third requirement is the notable one. A recipient who does not know the demand can be challenged will comply with it, and this obliges the issuer to say so.

The first two make a challenge possible. Without knowing what is under investigation and under which statutes, a recipient cannot judge whether a demand exceeds its scope.

Subsection (b), for documents: the class of material must be described with reasonable specificity so that the material demanded is "fairly identified"; the return date must give a reasonable period; and the demand must identify the individual to whom the material is made available.

Subsection (c), for interrogatories: they must be propounded with definiteness and certainty, prescribe a date for answers, and identify who receives them.

Subsection (d), for testimony: a reasonable date, time, and place at which the testimony will begin, and the individual who will conduct the examination.

The pattern is the same in each: define the demand precisely, allow reasonable time, and name a person. The specificity requirements are what a petition to modify is measured against.