(a) A motion to permit entry upon property of a person not a party shall begin with the notice prescribed by subdivision (c) and shall describe with reasonable particularity the property to be entered and the activities to be performed. The motion shall be served personally by an adult in the same manner as original process. A copy of the motion shall also be served upon all other parties to the action pursuant to Rule 440.
Rule 4009.33.Motion for Entry Upon Property of a Person Not a Party.
Adopted April 7, 1997 · Last amended June 10, 2003 · Last verified June 30, 2026
In one sentenceTo enter the property of a non-party for inspection, a party files a motion that begins with a prescribed notice; if the non-party does not consent, the motion is presented to the court.
Full Text of Rule 4009.33
(b) If the person served does not affirmatively consent to the entry, the motion may be presented to the court. The moving party shall give the person served not less than fifteen days notice of the presentation of the motion. Upon proof of service of the notice of the presentation, the court, as it deems appropri- ate, may enter an order permitting or denying the entry or set a date for a hear- ing. The order permitting entry shall specify a reasonable time, manner or other condition of entry and of making the inspection and performing any related acts.
(c) The notice required by subdivision (a) shall be substantially in the follow- ing form: (CAPTION) IMPORTANT NOTICE YOU HAVE PROPERTY WHICH THE PARTIES TO THE ABOVE LAW- SUIT WISH TO ENTER FOR INSPECTION OR OTHER ACTIVITIES. THE MOTION ATTACHED TO THIS NOTICE ASKS THE COURT FOR AN ORDER ALLOWING THE ENTRY INTO YOUR PROPERTY. IF YOU CON- SENT TO THIS ENTRY PLEASE FILL IN THE ATTACHED FORM. PLEASE CONTACT THE ATTORNEY LISTED BELOW: (Attorney filing the motion) (Address) (Telephone Number) IF YOU DO NOT CONSENT TO THE ENTRY, YOU HAVE A RIGHT TO A HEARING ON THE MATTER. A DATE FOR PRESENTATION OF THE MOTION TO THE COURT WILL BE SET AND THE PARTY FILING THE MOTION WILL GIVE YOU FIFTEEN DAYS NOTICE OF ITS PRESENTA- TION. IF YOU DO NOT APPEAR AT THE PRESENTATION OF THE MOTION, THE COURT MAY ENTER AN ORDER ALLOWING ENTRY. YOU MAY WISH TO TAKE THIS NOTICE TO A LAWYER WHO CAN ADVISE YOU. IF YOU DO NOT HAVE A LAWYER AND WISH TO OBTAIN ONE, CONTACT THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. (Name of Office) (Address of Office) (Telephone Number)
Plain-English Summary
This rule handles entry onto a non-party’s property, which requires more than a request. The party files a motion that opens with a prescribed “Important Notice” to the property holder and describes with reasonable particularity the property and the activities sought.
If the person served does not affirmatively consent, the motion is presented to the court for decision, on notice to the non-party. Because a non-party has no stake in the litigation, the rule requires a court’s involvement — rather than a mere request — before its property can be entered.
Frequently Asked Questions
How do you inspect a non-party's property?
By filing a motion, beginning with the prescribed notice; if the non-party does not consent, the court decides.
Does the non-party have to consent?
If it does not affirmatively consent, the moving party presents the motion to the court.
Official Note
Official Note: For general provisions governing entry upon property, see Rule 4009.31.
Official Note: The office shall be that designated by the court under Rule 1018.1(c).
Amendment History
The provisions of this Rule 4009.33 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 10, 2003, effective September 1, 2003, 33 Pa.B. 2974. Immediately preceding text appears at serial pages (256310) and (256311).
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: motion for entry non-party property