Historical textIn force on Oct. 1, 1997Source: annual CFR editions 1996–1999

§ 386.43 Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination.

Wording first on file in the 1996 annual edition, superseded by the 2000 annual edition.

govinfo, 1996 edition ↗

Compare with

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1996 edition's wording. An amendment that took effect between Oct. 1, 1997 and Oct. 1, 1997 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates. govinfo does not publish the 1997 edition of Parts 300–399 in machine-readable form, so the 1996 text is shown for that year.

49 CFR § 386.43 — Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination.. Text in force on October 1, 1997. This wording effective October 1, 1996 to October 1, 2000. Source: govinfo, 1996 edition, https://www.govinfo.gov/app/details/CFR-1996-title49-vol4/CFR-1996-title49-vol4-sec386-43. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.43?asof=1997-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Any party may serve on any other party a request to:

(1) Produce and permit the party making the request, or a person acting on his or her behalf, to inspect and copy any designated documents, or to inspect and copy, test, or sample any tangible things which are in the possession, custody, or control of the party upon whom the request is served; or

(2) Permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, photographing, testing, or for other purposes as stated in paragraph (a)(1) of this section.

(3) Submit to a physical or mental examination by a physician.

(b) The request may be served on any party without leave of the Associate Administrator or administrative law judge.

(1) Set forth the items to be inspected either by individual item or category;

(2) Describe each item or category with reasonable particularity;

(3) Specify a reasonable time, place, and manner of making the inspection and performing the related acts;

(4) Specify the time, place, manner, conditions, and scope of the physical or mental examination and the person or persons by whom it is to be made. A report of examining physician shall be made in accordance with Rule 35(b) of the Federal Rules of Civil Procedure, title 28, U.S. Code, as amended.

(d) The party upon whom the request is served shall serve on the party submitting the request a written response within 30 days after service of the request.

(e) The response shall state, with respect to each item or category:

(1) That inspection and related activities will be permitted as requested; or

(2) That objection is made in whole or in part, in which case the reasons for objection shall be stated.

(f) A copy of each request for production and each written response shall be served on all parties and filed with the Associate Administrator or the administrative law judge, if one has been appointed.

Amendment history

3 distinct wordings on file since Oct. 1, 1996

Nov. 27, 2023 → presenteCFR, day-precisediff vs. previous
Oct. 1, 2000 → Nov. 27, 2023annual editions 2000–2016diff vs. previous
Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.