Rule 43.Production of Documents and Things and Entering Property for Inspection and Other Purposes
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 43 lets any party demand that another party produce documents, electronically stored information, or tangible things for inspection and copying, or allow entry onto land for inspection, testing, or sampling, within the scope of discovery.
(1)Documents or things. Any party may serve on any other party a request to produce and permit the party making the request, or someone acting on behalf of the party making the request, to inspect and copy any designated documents (including electronically stored information, writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations from which information can be obtained and translated, if necessary, by the respondent through detection devices or software into reasonably usable form) or to inspect and copy, test, or sample any tangible things that constitute or contain matters within the scope of Rule 36 B and that are in the possession, custody, or control of the party on whom the request is served.
(2)Entering property. Any party may serve on any other party a request to enter land or other property in the possession or control of the party on whom the request is 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 Rule 36 B.
(1)Generally. A party may serve a request on the plaintiff after commencement of the action and on any other party with or after service of the summons on that party. The request must identify any items requested for inspection, copying, or related acts by individual item or by category described with reasonable particularity, designate any land or other property on which entry is requested, and must specify a reasonable place and manner for the inspection, copying, entry, and related acts.
(2)Time for response. A request may not require a defendant to produce or allow inspection, copying, entry, or other related acts before the expiration of 45 days after service of summons, unless the court specifies a shorter time. Otherwise, within 30 days after service of a request in accordance with subsection B(1) of this rule, or such other time as the court may order or to which the parties may agree in writing, a party must serve a response that includes the following:
(a)a statement that, except as specifically objected to, any requested item within the party's possession or custody is provided, or will be provided or made available within the time allowed and at the place and in the manner specified in the request, and that the items are or must be organized and labeled to correspond with the categories in the request;
(b)a statement that, except as specifically objected to, a reasonable effort has been made to obtain any requested item not in the party's possession or custody, or that no such item is within the party's control;
(c)a statement that, except as specifically objected to, entry will be permitted as requested to any land or other property; and
(d)any objection to a request or a part thereof and the reason for each objection.
(3)Objections. Any objection not stated in accordance with subsection B(2) of this rule is waived. Any objection to only a part of a request must clearly state the part objected to. An objection does not relieve the requested party of the duty to comply with any request or part thereof not specifically objected to.
(4)Continuing duty. A party served in accordance with subsection B(1) of this rule is under a continuing duty during the pendency of the action to produce promptly any item responsive to the request and not objected to that comes into the party's possession, custody, or control.
(5)Seeking relief under Rule 46 A(2). A party who moves for an order under Rule 46A(2) regarding any objection or other failure to respond or to permit inspection, copying, entry, or related acts as requested, must do so within a reasonable time.
C.WRITING CALLED FOR NEED NOT BE OFFERED Though a writing called for by one party is produced by the other, and is inspected by the party calling for it, the party requesting production is not obliged to offer it in evidence.
D.PERSONS NOT PARTIES A person not a party to the action may be compelled to produce books, papers, documents, or tangible things and to submit to an inspection thereof as provided in Rule 55. This rule does not preclude an independent action against a person not a party for permission to enter land.
(1)Form in which ESI is to be produced. A request for ESI may specify the form in which the information is to be produced by the responding party but, if no such specification is made, the responding party must produce the information in either the form in which it is ordinarily maintained or in a reasonably useful form.
(2)Meetings to resolve issues regarding ESI production; relevance to discovery motions. In any action in which a request for production of ESI is anticipated, any party may request one or more meetings to confer about ESI production in that action. No meeting may be requested until all of the parties have appeared or have provided written notice of intent to file an appearance pursuant to Rule 69 B(1). The court may also require that the parties meet to confer about ESI production. Within 21 days of the request for a meeting, the parties must meet and confer about the scope of the production of ESI; data sources of the requested ESI; form of the production of ESI; cost of producing ESI; search terms relevant to identifying responsive ESI; preservation of ESI; issues of privilege pertaining to ESI; issues pertaining to metadata; and any other issue a requesting or producing party deems relevant to the request for ESI. Failure to comply in good faith with this subsection will be considered by a court when ruling on any motion to compel or motion for a protective order related to ESI. The requirements in this subsection are in addition to any other duty to confer created by any other rule.
Amendment History
[CCP 12/2/78; § A amended by 1979 c.284 § 26; § D amended by CCP 12/15/90; § B amended by CCP 12/14/02 eff. 1/1/04; § B amended by CCP 12/9/2006, eff. 1/1/2008; § A amended, § E added by CCP 12/11/10 eff. 1/1/12; §§ A, B, D, E amended by CCP 12/3/16 eff. 1/1/18; §§ A, B, E amended by CCP 12/8/18 eff. 1/1/20.]
Plain-English Summary
Rule 43 is Oregon’s tool for getting your hands on paper, electronic files, and physical objects that another party controls. It covers two related requests: one to inspect and copy documents, electronically stored information, and tangible things; the other to enter land or other property to inspect, measure, survey, photograph, test, or sample it. Both requests reach only what falls within the discovery scope set out in Rule 36 B, and only what the party you serve possesses, has custody of, or controls — you cannot use this rule to reach material held by someone who is not a party to the case.
The rule builds in breathing room for defendants. A newly served defendant cannot be forced to produce anything until 45 days after being served with the summons, even if the request arrives earlier. Once that clock runs, the responding party has 30 days to answer in writing, item by item: say what will be produced and when, explain what reasonable efforts were made to find items not already in hand, agree to any requested property entry, and spell out any objection along with the reason for it. Silence on an objection is costly — an objection left out of the timely written response is waived, and the responding party still has to comply with any part of the request that was not specifically objected to. The duty to hand over responsive material does not end with that first response either; anything that comes into the party’s possession later, while the case is pending, has to be turned over as it arrives.
Electronically stored information gets its own set of ground rules. A party can produce ESI in whatever form the request specifies; if the request is silent, the responding party may use the form the information is normally kept in or another reasonably useful form. In cases where ESI production is expected, either side can call a meeting to work out scope, sources, format, cost, search terms, preservation, privilege, and metadata — and once someone asks, the parties have 21 days to meet and confer. A party who ducks that conversation in bad faith can expect a court to hold it against them on a later motion to compel or for a protective order.
Frequently Asked Questions
What can I request under Rule 43?
You can request two things: inspection and copying of documents, electronically stored information, or tangible things that fall within Rule 36 B’s discovery scope, and entry onto land or other property the other party possesses or controls, so you can inspect, measure, survey, photograph, test, or sample it. The material has to be something the party you serve possesses, has custody of, or controls.
How long does a defendant have to respond to a Rule 43 request?
A defendant cannot be required to produce anything, allow an inspection, or permit entry until at least 45 days after being served with the summons, even if the request itself arrived sooner. After that floor passes, the general rule gives a party 30 days from service of the request to serve a written response, unless the court sets a different time or the parties agree in writing to one.
What happens if I miss an objection in my response?
Any objection that is not stated in the written response is waived under Rule 43 B(3). If you object to only part of a request, you have to say clearly which part you are objecting to, and you still have to comply with the rest of the request — objecting to one part of a request does not excuse you from producing what you did not object to.
Can I get documents from someone who isn’t a party to my case?
Not under Rule 43 — this rule only reaches material in the possession, custody, or control of a party. To get books, papers, documents, or tangible things from a non-party, Rule 43 D points you to Rule 55, Oregon’s subpoena rule. Rule 43 also does not stop you from bringing a separate lawsuit against a non-party solely to get permission to enter their land.
Do the parties have to meet and confer about electronic discovery?
Not automatically, but any party can trigger that obligation once everyone has appeared in the case or given notice of an intent to appear under Rule 69 B(1). Once someone requests a meeting, the parties have 21 days to confer about the scope, data sources, format, cost, search terms, preservation, privilege, and metadata connected with producing electronically stored information. A court weighs a party’s good-faith effort — or lack of one — in that conversation when it later rules on a motion to compel or for a protective order.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 43). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
Also known as:request for production of documents oregonRFPoregon document production rulerequests to produce oregon lawsuitentering land for inspection oregonelectronically stored information discovery oregon