Any party may serve a request upon a party pursuant to Rule 4009.32 or a motion upon a person not a party pursuant to Rule 4009.33 to permit entry upon designated property in the possession or control of the party or person upon whom the request is served for the purpose of inspecting and measuring, survey- ing, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rules 4003.1 through 4003.6 inclusive.
Rule 4009.31.Entry Upon Property for Inspection and Other Activities. General Provisions.
Adopted April 7, 1997 · Last amended April 7, 1997 · Last verified June 30, 2026
In one sentenceThis rule opens the entry-upon-property subchapter, letting a party obtain entry onto another party's property by request, or onto a non-party's property by motion, to inspect or perform other discovery activities.
Full Text of Rule 4009.31
Plain-English Summary
This rule frames discovery by entry onto land or property. A party may serve a request on another party, or a motion on a person who is not a party, to permit entry upon designated property to inspect, measure, photograph, test, or sample it or things on it. The Official Note preserves the court’s protective-order power.
Like the document rules, it distinguishes entry onto a party’s property (obtained by request) from entry onto a non-party’s (obtained by motion), pointing to the specific procedures that follow. Physical inspection reaches evidence that documents alone cannot capture.
Frequently Asked Questions
Can you inspect the other side's property in discovery?
Yes. A party may request entry onto another party's property to inspect, measure, photograph, test, or sample it.
How is entry onto a non-party's land obtained?
By motion, rather than a mere request.
Official Note
Official Note: These rules do not prevent a court from entering an order under its common law power preserving or protecting property. Parties to an action and persons not parties but served with a subpoena or request pursuant to these rules have the protective and enforcement provisions of the discovery rules available to them. See Rule 4012 governing protective orders and Rule 4019 governing enforcement and sanctions for failure to make discovery. These rules do not preclude an independent action against a person not a party for permission to enter upon property.
Amendment History
The provisions of this Rule 4009.31 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: entry upon propertyland inspection discovery