Notice of Motion for Entry upon Property
(Property of Nonparty) (PA)

Summary

This template is both a notice of intent to file a motion to enter and a request for permission to enter upon the property of a nonparty in a Pennsylvania action. This template contains practical guidance, drafting notes, and an optional clause. This template provides the mandatory pre-motion notice required by Pa. R. Civ. P. 4009.31–4009.33, and it provides the nonparty property owner with the responsive form and opportunity to consent or object to the entry prior to the filing of the motion. The content and structure of this template comply with the sample form contained in Pa. R. Civ. P. 4009.33(c). Consult Pa. R. Civ. P. 4009.31, 4009.32, and 4009.33 prior to drafting a notice and/or motion to enter nonparty property. These rules also contain provisions governing: • The legitimate purpose requirement • The process by which a property owner may consent • Prerequisites to filing and presenting a motion to enter non-party property • Timing of the notice and objection period • Service requirements under Pa. R. Civ. P. 440 This type of legal document requires original service under Rule 440.Under Pa. R. Civ. P. 4009.31, a party may serve a request upon another party pursuant to Pa. R. Civ. P 4009.32 or a motion upon a person not a party pursuant to Pa. R. Civ. P. 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, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Pa. R. Civ. P. 4003.1 through 4003.6. Note, however, that these rules do not prevent a court from entering an order under its common law power preserving or protecting property. Note to Pa. R. Civ. P. 4009.31. Assuming you have reached out to the property owner and have not been able to obtain consent to enter, you will have to file a motion to gain access to that property. Prior to filing that motion, a moving party must first provide notice of this motion to the property owner and to all parties to the action. You should familiarize yourself with Pa. R. Civ. P. 4003.1 through 4003.6, generally, with respect to the permissible scope of discovery under the Pennsylvania Rules, as well as Pa. R. Civ. P. 4009.31 through Pa. R. Civ. P. 4009.33 for the permissible procedure regarding and proper purposes for a request to enter property of a party (4009.32) or motion for entry upon property of a nonparty (4009.33). You should also consult the county court of common pleas local rules regarding motion practice before you prepare this notice and/or a motion to enter non-party property. Each county in Pennsylvania has its own procedural rules and format requirement for motions. See Motions Practices in County Court of Common Pleas, which is available at local county law libraries, the courthouse prothonotary's office, and/or the court's website. For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA). For other forms related to nonparty discovery, see Subpoena to Produce Documents or Things (Discovery) (PA) and Subpoena to Attend and Testify (Discovery) (PA).