reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(A) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD › Rule 3283 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) If there is an attorney of record,
					 service shall be made upon the respondent's attorney of record pursuant to Rule
					 440(a)(1)(i) or (ii).
(2) If there
					 is no attorney of record, service shall be made
(i) by the sheriff or a competent adult in
					 the manner prescribed by Rule 402(a) for service of original process,
					 or
(ii) by the petitioner mailing a
					 copy in the manner prescribed by Rule 403, or
(iii) if service cannot be made as provided
					 in subparagraphs (i) or (ii), pursuant to special order of court as prescribed
					 by Rule 430.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(A) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD › Rule 3284 - Order Upon Default or Admission

Current through Register Vol. 54, No. 28, July 13, 2024
The prothonotary, on praecipe of the petitioner, shall,
						without further notice or hearing, enter an order determining the fair market
						value of the real property to be the value alleged in the petition, determining
						the prior lien amounts to be in the amounts alleged in the petition and making
						any special allocation requested by the petition if
(1) no answer is filed within the required
					 time to a petition which was served pursuant to the requirements of Rule 3283
					 and contains a notice to defend required by Rule 3282(b), and notice has been
					 given as provided by Rule 237.1 et seq., or
(2) an answer is filed which does not deny
					 the allegations in the petition as to the fair market value, the prior lien
					 amounts or any special allocation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(A) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD › Rule 3285 - Trial

Current through Register Vol. 54, No. 28, July 13, 2024
If an answer is filed which denies the allegations in the
						petition as to the fair market value, the prior lien amounts or the entitlement
						of the petitioner to any special allocation, the trial shall be limited to such
						of those issues as are raised by the answer, which shall be heard by a judge
						sitting without a jury in accordance with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(A) TO FIX FAIR MARKET VALUE OF REAL PROPERTY SOLD › Rule 3286 - Rescinded

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(D) TO MARK JUDGMENT SATISFIED, RELEASED AND DISCHARGED › Rule 3287 - Parties

Current through Register Vol. 54, No. 28, July 13, 2024
The petition shall name the judgment creditor as a
						respondent.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(D) TO MARK JUDGMENT SATISFIED, RELEASED AND DISCHARGED › Rule 3288 - Petition. Averments. Notice to Defend

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The petition shall set forth:
(1) The name and address of the
					 petitioner,
(2) The name and last
					 known address of each respondent,
(3) a statement that the petition is filed
					 pursuant to Section 8103(d) of the Judicial Code,
(4) The court and number of the execution
					 proceedings, the original judgment and any judgment obtained by
					 transfer,
(5) a statement that the
					 real property was sold, directly or indirectly, to the judgment creditor in the
					 execution proceedings,
(6) The date
					 that the property was sold by the sheriff and the date that the sheriff's deed
					 was executed and acknowledged,
(7)
					 a statement that no petition under Section 8103(a) of the Judicial Code has
					 been filed within six months after the sale, and
(8) a request that the court direct the
					 prothonotary to mark the judgment satisfied, released and discharged.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(D) TO MARK JUDGMENT SATISFIED, RELEASED AND DISCHARGED › Rule 3289 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The petition
					 shall be served in the manner provided by Rule 440.
(b) Proof of service shall be as provided by
					 Rule 405.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(D) TO MARK JUDGMENT SATISFIED, RELEASED AND DISCHARGED › Rule 3290 - Order Upon Default or Admission

Current through Register Vol. 54, No. 28, July 13, 2024
The court shall, without further notice or hearing, enter
						an order directing the prothonotary to mark the judgment satisfied, released
						and discharged if
(1) no answer is
					 filed within the required time to a petition which contains a notice to defend
					 and notice has been given as provided by Rule 237.1 et seq., or
(2) an answer is filed which does not deny
					 the allegations in the petition that the judgment creditor has purchased,
					 directly or indirectly, the real property sold in an execution sale on the
					 judgment creditor's judgment and has failed to file a timely petition to fix
					 the fair market value of the real property under Section 8103(a) of the
					 Judicial Code.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter E - ENFORCEMENT OF JUDGMENTS IN SPECIAL ACTIONS › PROCEEDINGS UNDER SECTION 8103(D) TO MARK JUDGMENT SATISFIED, RELEASED AND DISCHARGED › Rule 3291 - Trial

Current through Register Vol. 54, No. 28, July 13, 2024
If an answer is filed which denies the allegations in the
						petition, the trial shall be by a judge sitting without a jury in accordance
						with Rule 1038.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter F - ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127 (A)(3.1) OF THE JUDICIAL CODE › Rule 3301 - Scope. Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  rules of this chapter govern an attachment of wages to satisfy a judgment
				  pursuant to Section 8127(a)(3.1) of the Judicial Code.
(b) As used in this chapter,
"defendant" means a judgment debtor-tenant,
"garnishee" means the employer of the defendant,
"judgment" means a judgment for amounts awarded to a
					 plaintiff arising out of a residential lease, which has been entered in the
					 court of common pleas or the Philadelphia Municipal Court and which shall have
					 been entered originally in
(1) any
				  civil action brought in the court of common pleas,
(2) the following actions brought before a
				  magisterial district judge:
(i) a civil action
				  pursuant to Pa.R.C.P.M.D.J. 301 et seq., or
(ii) an action for the recovery of possession
				  of real property pursuant to Pa.R.C.P.M.D.J. 501 et seq. in which the defendant
				  appeared or filed papers or in which the complaint was served by handing a copy
				  to the defendant,
(3) the
				  following actions brought in the Philadelphia Municipal Court:
(i) a civil action in which the defendant was
				  served pursuant to Phila.M.C.R.Civ.P. No. 111(A) or (C), or
(ii) an action in which the defendant was
				  served pursuant to Phila. M.C.R.Civ.P. No. 111(B) and in which the defendant
				  appeared or filed papers,
"plaintiff" means a judgment creditor-landlord, and
"wages" includes salary and commissions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter F - ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127 (A)(3.1) OF THE JUDICIAL CODE › Rule 3302 - Commencement. Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  plaintiff shall commence an execution to attach wages by filing a praecipe with
				  the prothonotary of a county in which judgment has been entered and in which
				  the defendant resides, the defendant works or the residential real property
				  which is the subject of the action is located. The praecipe shall be filed
				  within five years of the date of the original judgment. The praecipe shall be
				  in the form prescribed by Rule 3311.
(b) Upon the filing of the praecipe, the
				  prothonotary shall issue a Notice of Intent to Attach Wages in the form
				  prescribed by Rule 3312(a). The prothonotary shall attach to the notice a copy
				  of both (1) the praecipe filed with the prothonotary for issuance of the Notice
				  of Intent to Attach Wages and (2) the most recent poverty income guidelines
				  issued by the Federal Department of Health and Human Services as they appear on
				  the web site of the Civil Procedural Rules Committee.
(c) The Notice of Intent to Attach Wages
				  shall be served upon the defendant in the manner provided by Rule 400 et seq.
				  for service of original process in a civil action.
(1) by the sheriff in the manner prescribed
				  by Rule 402(a) for the service of original process upon a defendant,
				  or
(2) pursuant to special order of
				  court as prescribed by Rule 430 if service cannot be made as provided in
				  paragraph (1) of this note.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter F - ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127 (A)(3.1) OF THE JUDICIAL CODE › Rule 3303 - Exemption from Attachment. Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A defendant claiming an exemption from
				  attachment based upon the federal poverty income guidelines shall file the
				  claim for exemption with the prothonotary within thirty days of service of the
				  Notice of Intent to Attach Wages.
(b)
(1) If
				  the defendant files a claim for exemption of wages from attachment either
				  within thirty days as required by subdivision (a) of this rule or prior to the
				  issuance of the writ of attachment, the prothonotary shall not issue the writ
				  of attachment and shall send a notice of the claim for exemption of wages from
				  attachment to the plaintiff or, if represented, to the plaintiff's attorney.
				  The prothonotary shall attach a copy of the claim to the notice.
(2) If the defendant files a claim for
				  exemption after the writ of attachment has been issued, the attachment of the
				  defendant's wages shall continue unless the defendant obtains a court order
				  staying or vacating the attachment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter F - ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127 (A)(3.1) OF THE JUDICIAL CODE › Rule 3304 - Writ for the Attachment of Wages. Issuance. Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prothonotary shall issue a writ for
				  the attachment of wages upon
(1) praecipe of
				  the plaintiff where the defendant has not timely filed a claim for exemption of
				  wages from attachment, or
(2) order
				  of the court entered upon motion pursuant to Rule 3303(c).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 3000 - JUDGMENTS › Subchapter F - ATTACHMENT OF WAGES, SALARY AND COMMISSIONS UNDER SECTION 8127 (A)(3.1) OF THE JUDICIAL CODE › FORMS › Rule 3313 - Writ of Attachment of Wages. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The writ of attachment of wages shall be substantially in
						the following form:
(Caption)
Writ of Attachment of Wages, Salary or
						Commissions
Commonwealth of Pennsylvania
:
County of _________
:
To _________
Employer of Defendant _________
Name
You have been identified as the employer of the
						above-named defendant.
You are directed to withhold the wages, salary and
						commissions of the defendant in your possession to satisfy the judgment against
						the defendant.
You are notified that
1. an attachment of wages, salary and
					 commissions has been issued;
2. you
					 are ordered to withhold from the wages, salary and commissions of the defendant
					 an amount per pay period which does not exceed ten (10) percent of the
					 defendant's net wages, salary and commissions;
Net wages are all wages paid less only the following
						items:
(1) any support payments made to
					 the court,
(2) federal, state and
					 local income taxes,
(3) F.I.C.A.
					 payments and nonvoluntary retirement payments,
(4) union dues and
(5) health insurance premiums.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4001 - Scope. Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				rules of this chapter apply to any civil action or proceeding brought in or
				appealed to any court which is subject to these rules including any action
				pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of
				1923.
(b) As used in this chapter,
				unless the context clearly indicates otherwise,
"court" means the court in which the action is
				  pending;
"deposition" includes a deposition upon written
"trial" includes a hearing before arbitrators or
				  viewers.
(c) Subject to the
				provisions of this chapter, any party may take the testimony of any person,
				including a party, by deposition upon oral examination or written
				interrogatories for the purpose of discovery, or for preparation of pleadings,
				or for preparation or trial of a case, or for use at a hearing upon petition,
				motion or rule, or for any combination of the foregoing purposes.
(d) Subject to the provisions of this
				chapter, any party may obtain discovery by one or more of the following
				methods: depositions upon oral examination (Rule
				4007.1) or written
				interrogatories (Rule 4004); written interrogatories to a party (Rule 4005);
				production of documents and things and entry for inspection and other purposes
				(Rule 4009); physical and mental examinations (Rule 4010); and requests for
				admission (Rule 4014).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4002 - Agreement Regarding Discovery or Deposition Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The parties may by agreement (1) provide that depositions may
				  be taken before any person, at any time or place, upon any notice, and in any
				  manner, and when so taken may be used like other depositions, and (2) modify
				  the procedures provided by these rules for methods of discovery.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4002.1 - Filing Discovery Material

Current through Register Vol. 54, No. 28, July 13, 2024
Discovery material shall not be filed unless relevant to a
				  motion or other pretrial proceeding, ordered by the court or required by
				  statute.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.1 - Scope of Discovery Generally. Opinions and Contentions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to the provisions of Rules
				4003.2 to
				4003.5 inclusive and Rule 4011, a
				party may obtain discovery regarding any matter, not privileged, which is
				relevant to the subject matter involved in the pending action, whether it
				relates to the claim or defense of the party seeking discovery or to the claim
				or defense of any other party, including the existence, description, nature,
				content, custody, condition and location of any books, documents, or other
				tangible things and the identity and location of persons having knowledge of
				any discoverable matter.
(b) It is
				not ground for objection that the information sought will be inadmissible at
				the trial if the information sought appears reasonably calculated to lead to
				the discovery of admissible evidence.
(c) Except as otherwise provided by these
				rules, it is not ground for objection that the information sought involves an
				opinion or contention that relates to a fact or the application of law to
				fact.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.2 - Scope of Discovery. Insurance

Current through Register Vol. 54, No. 28, July 13, 2024
A party may obtain discovery of the existence and terms of
				  any insurance agreement under which any person carrying on an insurance
				  business may be liable to satisfy part or all of a judgment which may be
				  entered in the action or to indemnify or reimburse for payments made to satisfy
				  the judgment. Information concerning the insurance agreement is not by reason
				  of such disclosure admissible in evidence at trial. For the purposes of this
				  paragraph, an application for insurance shall not be treated as part of an
				  insurance agreement.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.3 - Scope of Discovery. Trial Preparation Material Generally

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the provisions of Rules
				  4003.4 and
				  4003.5, a party may obtain
				  discovery of any matter discoverable under Rule
				  4003.1 even though prepared in
				  anticipation of litigation or trial by or for another party or by or for that
				  other party's representative, including his or her attorney, consultant,
				  surety, indemnitor, insurer or agent. The discovery shall not include
				  disclosure of the mental impressions of a party's attorney or his or her
				  conclusions, opinions, memoranda, notes or summaries, legal research or legal
				  theories. With respect to the representative of a party other than the party's
				  attorney, discovery shall not include disclosure of his or her mental
				  impressions, conclusions or opinions respecting the value or merit of a claim
				  or defense or respecting strategy or tactics.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.4 - Scope of Discovery. Trial Preparation Material. Statements

Current through Register Vol. 54, No. 28, July 13, 2024
Upon written request, a party is entitled to immediate
				  receipt of a photostatic copy or like reproduction of a statement concerning
				  the action or its subject matter previously made by that party, any other party
				  or a witness. Upon written request, a person not a party is entitled to
				  immediate receipt of a photostatic copy or like reproduction of a statement
				  concerning the action or its subject matter previously made by that person. If
				  the statement is not so provided, the party or person may move for a court
				  order. For purposes of this rule, a statement previously made is
(1) a written statement signed or otherwise
				adopted or approved by the person making it, or
(2) a stenographic, mechanical, electrical or
				other recording, or a transcription thereof, which is a substantially verbatim
				recital of an oral statement by the person making it and contemporaneously
				recorded.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.5 - Discovery of Expert Testimony. Trial Preparation Material

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Discovery of facts known and opinions
				held by an expert, otherwise discoverable under the provisions of Rule
				4003.1 and acquired or developed
				in anticipation of litigation or for trial, may be obtained as follows:
(1) A party may through interrogatories
				require
(A) any other party to identify each
				person whom the other party expects to call as an expert witness at trial and
				to state the subject matter on which the expert is expected to testify
				and
(B) subject to the provisions
				of subdivision (a)(4), the other party to have each expert so identified state
				the substance of the facts and opinions to which the expert is expected to
				testify and a summary of the grounds for each opinion. The party answering the
				interrogatories may file as his or her answer a report of the expert or have
				the interrogatories answered by the expert. The answer or separate report shall
				be signed by the expert.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.6 - Discovery of Treating Physician

Current through Register Vol. 54, No. 28, July 13, 2024
Information may be obtained from the treating physician of a
				  party only upon written consent of that party or through a method of discovery
				  authorized by this chapter. This rule shall not prevent an attorney from
				  obtaining information from:
(1) the
				attorney's client,
(2) an employee
				of the attorney's client, or
(3) an
				ostensible employee of the attorney's client.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.7 - Punitive damages

Current through Register Vol. 54, No. 28, July 13, 2024
A party may obtain information concerning the wealth of a
				  defendant in a claim for punitive damages only upon order of court setting
				  forth appropriate restrictions as to the time of the discovery, the scope of
				  the discovery, and the dissemination of the material discovered.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4003.8 - Pre-Complaint Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				plaintiff may obtain pre-complaint discovery where the information sought is
				material and necessary to the filing of the complaint and the discovery will
				not cause unreasonable annoyance, embarrassment, oppression, burden or expense
				to any person or party.
(b) Upon a
				motion for protective order or other objection to a plaintiff's pre-complaint
				discovery, the court may require the plaintiff to state with particularity how
				the discovery will materially advance the preparation of the complaint. In
				deciding the motion or other objection, the court shall weigh the importance of
				the discovery request against the burdens imposed on any person or party from
				whom the discovery is sought.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4004 - Procedure on Depositions by Written Interrogatories

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1) A
				party taking a deposition by written interrogatories shall serve a copy of the
				interrogatories upon each party or the attorney of record of each party. Within
				thirty days thereafter the party so served may serve cross interrogatories upon
				each party or the attorney of record of each party. Subsequent interrogatories
				shall be similarly served within ten days.
(2) The interrogatories shall contain a
				notice stating the name or descriptive title and address of the officer before
				whom the deposition is to be taken, the time and place of taking the deposition
				and the name and address of each person to be examined if known, and, if the
				name is not known, a general description sufficient to identify each person to
				be examined or the particular class or group to which each person belongs. A
				deposition upon written interrogatories may be taken of a public or private
				corporation or a partnership or association or governmental agency in
				accordance with the provisions of Rule 4007.1(e).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4005 - Written Interrogatories to a Party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to the limitations provided by
				Rule 4011, any party may serve upon any other party written interrogatories to
				be answered by the party served or, if the party served is a public or private
				corporation or similar entity or a partnership or association, by any officer
				or agent, who shall furnish such information as is available to the party.
				Interrogatories may be served upon any party at the time of service of the
				original process or at any time thereafter. Interrogatories which are to be
				served prior to service of the complaint shall be limited to the purpose of
				preparing a complaint and shall contain a brief statement of the nature of the
				cause of action. Interrogatories shall be prepared in such fashion that
				sufficient space is provided immediately after each interrogatory or subsection
				thereof for insertion of the answer or objection.
(b) Rescinded.
(c) Interrogatories may relate to any matters
				which can be inquired into under Rules
				4003.1 through
				4003.5 inclusive and the answers
				may be used to the same extent as provided in Rule 4020 for the use of the
				deposition of a party. Interrogatories may be served after a deposition has
				been taken, and a deposition may be taken after interrogatories have been
				answered, but the court, on motion of the party interrogated, may make such
				protective order as justice requires. The number of interrogatories or of sets
				of interrogatories to be served may be limited as justice requires to protect
				the party from unreasonable annoyance, embarrassment, oppression, burden or
				expense.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4006 - Answers to Written Interrogatories by a Party

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
(1)
				Answers to interrogatories shall be in writing and verified. The answers shall
				be inserted in the spaces provided in the interrogatories. If there is
				insufficient space to answer an interrogatory, the remainder of the answer
				shall follow on a supplemental sheet.
(2) Each interrogatory shall be answered
				fully and completely unless objected to, in which event the reasons for the
				objection shall be stated in lieu of an answer. The answers shall be signed by
				the person making them, and the objections shall be signed by the attorney
				making them. The statement of an objection shall not excuse the answering party
				from answering all remaining interrogatories to which no objection is stated.
				The answering party shall serve a copy of the answers, and objections if any,
				within thirty days after the service of the interrogatories. The party
				submitting the interrogatories may move the court to dismiss an objection and
				direct that the interrogatory be answered.
(3) [Rescinded].
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4007.1 - Procedure in Deposition by Oral Examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party desiring to take the deposition
				of any person upon oral examination shall give reasonable notice in writing to
				every other party to the action, except that no notice need be given a
				defendant who was served by publication and has not appeared in the action. A
				party noticed to be deposed shall be required to appear without
				subpoena.
(b) The notice shall
				conform with the requirements of subdivision (c) of this rule and of Rule
				4007.2(b) and
				(c) where appropriate and shall state the
				time and place of taking the deposition and the name and address of each person
				to be examined if known, and, if the name is not known, a general description
				sufficient to identify the deponent or the particular class or group to which
				the deponent belongs.
(c) The
				purpose of the deposition and matters to be inquired into need not be stated in
				the notice unless the action has been commenced by writ of summons and the
				plaintiff desires to take the deposition of any person upon oral examination
				for the purpose of preparing a complaint. In such case the notice shall include
				a brief statement of the nature of the cause of action and of the matters to be
				inquired into.
(d)
(1) If the person to be examined is a party,
				the notice may include a request made in compliance with Rule
				4009.1 et seq., for the
				production of documents and tangible things at the taking of the
				deposition.
(2) If the person to be
				examined is not a party, and is to be served with a subpoena duces tecum to
				produce designated materials, the notice shall specify the materials to be
				produced. The materials shall be produced at the deposition and not earlier,
				except upon the consent of all parties to the action.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4007.2 - When Leave of Court Required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided by Rules
				1042.5 and
				4003.5(a)(2) and
				by subdivisions (b) and (d) of this rule, a deposition may be taken without
				leave of court.
(b) Leave of court
				must be obtained if a plaintiff's notice schedules the taking of a deposition
				prior to the expiration of thirty days after service of the original process
				and the defendant has not served a notice of taking a deposition or otherwise
				sought discovery, unless the party or person to be examined is
(1) aged or infirm, or
(2) about to leave the county in which the
				action is pending for a place outside the Commonwealth or a place more than one
				hundred miles from the courthouse in which the action is
				pending.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4007.3 - Sequence and Timing of Discovery

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the court upon motion, for the convenience of parties
				  and witnesses and in the interests of justice, orders otherwise, methods of
				  discovery may be used in any sequence and the fact that a party is conducting
				  discovery, whether by deposition or otherwise, shall not operate to delay any
				  other party's discovery.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4007.4 - Supplementing Responses

Current through Register Vol. 54, No. 28, July 13, 2024
A party or an expert witness who has responded to a request
				  for discovery with a response that was complete when made is under no duty to
				  supplement the response to include information thereafter acquired, except as
				  follows:
(1) A party is under a duty
				seasonably to supplement the response with respect to any question directly
				addressed to the identity and location of persons having knowledge of
				discoverable matters and the identity of each person expected to be called as
				an expert witness at trial, the subject matter on which each person is expected
				to testify and the substance of each person's testimony as provided in Rule
				4003.5(a)(1).
(2) A party or an
				expert witness is under a duty seasonably to amend a prior response if he or
				she obtains information upon the basis of which he or she knows
(i) the response was incorrect when made,
				or
(ii) the response though correct
				when made is no longer true.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › Rule 4008 - Oral Examination. Limitation

Current through Register Vol. 54, No. 28, July 13, 2024
If a deposition is to be taken by oral examination more than
				  one hundred miles from the courthouse, the court upon motion may make an order
				  requiring the payment of reasonable expenses, including attorney's fees, as the
				  court shall deem proper.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › GENERAL PROVISIONS › Rule 4009.1 - Production of Documents and Things. General Provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any party may serve a request upon a
				  party pursuant to Rules
				  4009.11 and
				  4009.12 or a subpoena upon a
				  person not a party pursuant to Rules
				  4009.21 through
				  4009.27 to produce and permit the
				  requesting party, or someone acting on the party's behalf, to inspect and copy
				  any designated documents (including writings, drawings, graphs, charts,
				  photographs, and electronically stored information), or to inspect, copy, test
				  or sample any tangible things or electronically stored information, which
				  constitute or contain matters within the scope of Rules
				  4003.1 through
				  4003.6 inclusive and which are in
				  the possession, custody or control of the party or person upon whom the request
				  or subpoena is served, and may do so one or more times.
(b) A party requesting electronically stored
				  information may specify the format in which it is to be produced and a
				  responding party or person not a party may object. If no format is specified by
				  the requesting party, electronically stored information may be produced in the
				  form in which it is ordinarily maintained or in a reasonably usable
				  form.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › REQUEST UPON A PARTY › Rule 4009.11 - Request Upon a Party for Production of Documents and Things

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The request may be served without leave
				  of court upon the plaintiff after commencement of the action and upon any other
				  party with or after service of the original process upon that party.
(b) The request shall set forth in numbered
				  paragraphs the items to be produced either by individual item or by category,
				  and describe each item or category with reasonable particularity. Each
				  paragraph shall seek only a single item or a single category of items. The
				  request shall be prepared in such fashion that sufficient space is provided
				  immediately after each paragraph for insertion of the answer.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › REQUEST UPON A PARTY › Rule 4009.12 - Answer to Request Upon a Party for Production of Documents and Things

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The party upon
				  whom the request is served shall within thirty days after the service of the
				  request
(1) serve an answer including
				  objections to each numbered paragraph in the request, and
(2) produce or make available to the party
				  submitting the request those documents and things described in the request to
				  which there is no objection.
(i) Where the
				  documents may be identified only after review of a larger group of documents,
				  and the burden of identifying the documents would be substantially the same for
				  the party serving the request as for the party served, the party served may
				  afford the party serving the request reasonable opportunity to identify the
				  documents, to examine or inspect them and to obtain copies.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › SUBPOENA UPON A PERSON NOT A PARTY › Rule 4009.21 - Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  party seeking production from a person not a party to the action shall give
				  written notice to every other party of the intent to serve a subpoena at least
				  twenty days before the date of service. A copy of the subpoena proposed to be
				  served shall be attached to the notice.
(b) The written notice shall not be given to
				  the person named in the subpoena.
(c) Any party may object to the subpoena by
				  filing of record written objections and serving a copy of the objections upon
				  every other party to the action.
(d)
(1) If
				  objections are received by the party intending to serve the subpoena prior to
				  its service, the subpoena shall not be served. The court upon motion shall rule
				  upon the objections and enter an appropriate order.
(2) If objections are not received as
				  provided in paragraph (1), the subpoena may be served subject to the right of
				  any party or interested person to seek a protective order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › SUBPOENA UPON A PERSON NOT A PARTY › Rule 4009.22 - Service of Subpoena

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  party seeking production may serve on the person named in the subpoena a copy
				  of the subpoena only if it is identical to the subpoena attached to the notice
				  of intent to serve the subpoena and if the party seeking production has filed
				  of record a certificate that
(1) The notice of
				  intent to serve a subpoena was mailed or delivered to each party at least
				  twenty days prior to the date on which the subpoena is sought to be
				  served,
(2) a copy of the notice of
				  intent, including the proposed subpoena attached to the notice of intent, is
				  attached to the certificate,
(3) no
				  objection to the subpoena has been received, and
(4) The subpoena which will be served is
				  identical to the subpoena which is attached to the notice of intent to serve
				  the subpoena.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › SUBPOENA UPON A PERSON NOT A PARTY › Rule 4009.23 - Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  person not a party upon whom the subpoena has been served shall, in complying
				  with the subpoena, execute a certificate of compliance and deliver it with the
				  documents or things produced to the party serving the subpoena within twenty
				  days of service. A form of certificate to be executed and delivered shall be
				  served with the subpoena.
(b) The
				  party receiving documents and things pursuant to the subpoena shall give notice
				  of receipt to every other party to the action and upon the payment of
				  reasonable cost shall
(1) furnish a
				  legible copy of each document to any other party who requests a copy
				  and
(2) allow reasonable access to
				  the things to any other party who requests access.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › SUBPOENA UPON A PERSON NOT A PARTY › Rule 4009.24 - Notice of Intent to Serve Subpoena. Objection to Subpoena. Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The written
				  notice of intent to serve a subpoena required by Rule
				  4009.21(a) shall
				  be substantially in the following form:
(CAPTION)
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
					 AND THINGS FOR DISCOVERY PURSUANT TO RULE
					 4009.21
____________ (party) intends to serve a subpoena identical
					 to the one that is attached to this notice. You have twenty (20) days from the
					 date listed below in which to file of record and serve upon the undersigned an
					 objection to the subpoena. If no objection is made, the subpoena may be
					 served.
Date: ____________
____________
Attorney for
(b) The objection to subpoena required by
				  Rule 4009.21(c) shall
				  be substantially in the following form:
(CAPTION)
OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21
____________ (party) objects to the proposed subpoena that
					 is attached to these objections for the following reasons:
______________________________________
_________________________.
Date: ____________
____________
Attorney for
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › SUBPOENA UPON A PERSON NOT A PARTY › Rule 4009.25 - Certificate Prerequisite to Service of Subpoena. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The certificate required by Rule
					 4009.22(a) as a
					 prerequisite to the service of a subpoena shall be substantially in the
					 following form:
(CAPTION)
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE
					 4009.22
As a prerequisite to service of a subpoena for documents
					 and things pursuant to Rule
					 4009.22, ____________ certifies
					 that
(Plaintiff/Defendant)
(1) a notice of intent to serve the subpoena
				  with a copy of the subpoena attached thereto was mailed or delivered to each
				  party at least twenty days prior to the date on which the subpoena is sought to
				  be served,
(2) a copy of the notice
				  of intent, including the proposed subpoena, is attached to this
				  certificate,
(3) no objection to
				  the subpoena has been received, and
(4) The subpoena which will be served is
				  identical to the subpoena which is attached to the notice of intent to serve
				  the subpoena.
Date: ____________
____________
Attorney for
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › SUBPOENA UPON A PERSON NOT A PARTY › Rule 4009.26 - Subpoena to Produce Documents or Things. Form

Current through Register Vol. 54, No. 28, July 13, 2024
A subpoena to produce documents or things shall be
					 substantially in the following form:
(CAPTION)
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: ____________
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you
					 are ordered by the court to produce the following documents or things:
					 ______________________________________ ______________________________________
					 ______________________________________
at _________________________.
(Address)
You may deliver or mail legible copies of the documents or
					 produce things requested by this subpoena, together with the certificate of
					 compliance, to the party making this request at the address listed above. You
					 have the right to seek in advance the reasonable cost of preparing the copies
					 or producing the things sought.
If you fail to produce the documents or things required by
					 this subpoena within twenty (20) days after its service, the party serving this
					 subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following
					 person:
____________
Attorney's Name
____________
Identification Number
____________
Address
____________
Telephone Number
Attorney for ____________
BY THE COURT:
DATE: ____________
By ______________________________________
(Prothonotary)
Seal of the Court
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › SUBPOENA UPON A PERSON NOT A PARTY › Rule 4009.27 - Certificate of Compliance. Form

Current through Register Vol. 54, No. 28, July 13, 2024
The certificate of compliance required by Rule
					 4009.23(a) 
					 shall be substantially in the following form:
(CAPTION)
NOTICE
To ____________ (Person Served with Subpoena):
You are required to complete the following Certificate of
					 Compliance when producing documents or things pursuant to the Subpoena.
CERTIFICATE OF COMPLIANCE
WITH SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS PURSUANT TO RULE 4009.23
I, ____________ , (person served with subpoena) certify to
					 the best of my knowledge, information and belief that all documents or things
					 required to be produced pursuant to the subpoena issued on ____________ (date
					 of subpoena) have been produced.
Date:
____________
______________________________________
Person served with subpoena
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4009.31 - Entry Upon Property for Inspection and Other Activities. General Provisions

Current through Register Vol. 54, No. 28, July 13, 2024
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,
					 surveying, photographing, testing, or sampling the property or any designated
					 object or operation thereon, within the scope of Rules 4003.1 through 4003.6
					 inclusive.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 4000 - DEPOSITIONS AND DISCOVERY › ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES › Rule 4009.32 - Request for Entry upon Property of a Party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The request may, without leave of court,
				  be served upon the plaintiff after commencement of the action and upon any
				  other party with or after service of the original process upon that party. The
				  request shall describe with reasonable particularity the property to be entered
				  and the activities to be performed.
(b) The party upon whom the request is served
				  shall allow the requested entry unless the request is objected to within thirty
				  days after service of the request, in which event the reasons for objection
				  shall be stated. If objection is made to part of a request, the part shall be
				  specified. The party submitting the request may move for an order under Rule
				  4019(a) with respect to any objection to or failure to respond to the request
				  or any part thereof, or any failure to permit entry as requested.
(c) A party may enter upon property one or
				  more times to accomplish the activities set forth in the request.