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
Full Text of Rule 43
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.