Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 5 - FORMAL PROCEEDINGS › Subchapter D - DISCOVERY › TYPES OF DISCOVERY › Section 5.343 - Procedures in deposition by oral examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party desiring to take the deposition
						of a person upon oral examination, other than under §
												5.322 (relating to informal
						agreement regarding discovery or deposition procedure), shall give 20 days
						notice in writing to the active party and to the presiding officer. A party
						noticed to be deposed is required to appear without subpoena. A person who is
						not a party is not required to appear unless subpoenaed.
(b) The notice must conform with subsections
						(c)-(f) and §
												5.344 (relating to approval by
						presiding officer) and 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 him or the particular
						class or group to which he belongs.
(c) The notice must include a brief statement
						of the matters for which inquiry is being made.
(d) If the person to be examined is a party,
						the notice may include a request made in compliance with §
												5.349 (relating to requests for
						documents, entry for inspection and other purposes) for the production of
						documents and tangible things at the taking of the deposition. If the person to
						be examined is not a party, and is to be served with a subpoena duces tecum to
						provide designated materials, the notice shall specify the materials to be
						produced.
(e) A party may in his
						notice and in a subpoena, if issued, name as the deponent a public or private
						corporation, a partnership or association or a governmental agency. In that
						event, the organization named shall file within 10 days of service a
						designation of one or more officers, directors or managing agents, or other
						persons who consent to testify on its behalf, and may set forth, for the
						persons designated, the matters on which he will testify. A subpoena shall
						advise a nonparty organization of its duty to make a designation. The person
						designated shall testify as to matters known or reasonably available to the
						organization. This subsection does not preclude taking a deposition by other
						procedures authorized in this chapter.
(f) An objection to the notice of deposition
						may be filed within 10 days of service of the notice. A copy of the objection
						shall be served upon the presiding officer and the parties. A notice of
						deposition which is served upon a nonparty must state that the nonparty may
						file objections within 10 days of service and identify the persons-names and
						addresses-to whom the objections shall be sent.
(g) Subsections (a)-(f) supersede 1 Pa. Code
						§
												§
												35.142,
						35.145 and
						35.146 (relating to subpoenas;
						depositions; and notice and application).
The provisions of this §
														5.343 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															309-311,
							 315,
							 331-335,
							 501,
							 504-506,
							 701-703,
							 1101-1103,
							 1301 and
							 1501.
This section cited in 52 Pa. Code §
														5.344 (relating to approval by
							 presiding officer); 52 Pa. Code §
														5.345 (relating to procedure on
							 depostions by written questions); 52 Pa. Code §
														5.364 (relating to use of
							 depositions at hearing); and 52 Pa. Code §
														5.411 (relating to oral
							 examination).