Bisel Logo Pennsylvania Discovery Lawsource®

THE COLLECTED STATE AND TRIAL COURT CASES,
COURT RULES AND STATUTES REGARDING
DISCOVERY PRACTICE IN PENNSYLVANIA
2008 Edition

AUTHORS: LAWRENCE P. KEMPNER
and ARTHUR S. ZANAN

Published: January, 2008
Most recent supplement/update: 2011-2012 supplement, released 10/11; $87.00
(Current Subscriber's Price: $69.50)
Library of Congress Number: 2007930699
ISBN: 0-9755281-7-3

1 VOLUME; SOFT-COVER; 1056 PAGES; PRICE: $99.00

INCLUDES...
The full text of the Pennsylvania Rules of Discovery

The full text of all local discovery rules

Hundreds of case summaries, including Pennsylvania appellate decisions
AND those hard-to-locate Common Pleas cases — reported and unreported

One Convenient Soft-Cover Book

Whether you are a plaintiff's attorney or defense attorney, your case can be won or lost in discovery. You need to know: What information is discoverable? What information is privileged? What are the ramifications for failure to properly comply with discovery requests? Are there local county rules which will govern discovery practice in your case? Review the current cases on contentious discovery issues such as:

  • Compelling Medical/Vocational Exams
  • Expert Witness Discovery
  • Deposition Disputes
  • Domestic Relations Discovery
  • Taxes and Financial Records
  • Sanctions
  • Privileges
  • Peer Review
  • Surveillance
  • Prior Accidents

When you need case law to support your demand for discovery — or refusal to supply it, or if you are unfamiliar with the discovery rules of a neighboring county, let Bisel's Pennsylvania Discovery Lawsource® be your guide.

CONTENTS

Preface
Table of Contents


CASE LAW

Chapter 1
INTERROGATORIES
§ 1.1. Contention Interrogatories.
§ 1.2. Document Requests.
§ 1.3. Lack of Personal Knowledge or Inability to Respond (Non-expert).
§ 1.4. Length.
§ 1.5. Overly Broad Interrogatories.
§ 1.6. Reference to Documents.
§ 1.7. Specificity of Objections.
§ 1.8. Timeliness of Objections.
§ 1.9. Timeliness of Discovery and Requests for Extension of Time for Discovery.
§ 1.10. Verifications.

Chapter 2
PRODUCTION OF DOCUMENTS AND THINGS
§ 2.1. Form of the Request.
§ 2.2. Inspections.
§ 2.3. Overly Broad Requests.
§ 2.4. Redactions.
§ 2.5. Specificity of Responses.
§ 2.6. Timeliness of Objections.
§ 2.7. Timeliness of Requests.

Chapter 3
DEPOSITIONS
§ 3.1. Location and/or Expense of Discovery Depositions.
§ 3.2. Timing of a Deposition.
§ 3.3. Persons Allowed to Be Present at Depositions.
§ 3.4. Compelling a Deposition in General.
§ 3.5. Depositions of Non-Parties.
§ 3.6. Multiple Depositions of a Deponent.
§ 3.7. Questions Beyond the Purported Knowledge of the Witness.
§ 3.8. Failure to Object (or Be Present to Object) at a Discovery Deposition.
§ 3.9. Objections, Refusal to Answer Questions, and Conferences with Witnesses.
§ 3.10. Reenactment of the Accident.
§ 3.11. Depositions by Written Interrogatories.
§ 3.12. Depositions Over the Telephone.
§ 3.13. Videotaping a Discovery Deposition.

Chapter 4
REQUESTS FOR ADMISSIONS
§ 4.1. Admissions Made to Other Parties.
§ 4.2. Admissions Which Contradict Other Facts of Record.
§ 4.3. Failure to Timely Respond.
§ 4.4. Length of Requests.
§ 4.5. Purpose.
§ 4.6. Sanctions.
§ 4.7. Scope and Subject Matter.
§ 4.8. Timeliness of Motion to Strike or Preliminary Objection.

Chapter 5
MEDICAL EXAMINATIONS
§ 5.1. Compelling an Examination in General.
§ 5.2. Compelling Examination by a Treating Physician.
§ 5.3. Compelling Invasive Procedures.
§ 5.4. Compelling Multiple Examinations.
§ 5.5. Compelling a Mental Examination.
§ 5.6. Compelling a Vocational Examination.
§ 5.7. Location of the Examination.
§ 5.8. Persons Attending the Examination.
§ 5.9. Selection of the Examining Physician.
§ 5.10. Timeliness of the Request for Examination.
§ 5.11. Videotaping the Examination.

Chapter 6
CO-PARTIES
§ 6.1. Effect of Discovery of Co-parties.
§ 6.2. Effect of Discovery Orders on Co-parties.
§ 6.3. Responses to Co-parties as Satisfying Requests of Other Parties.

Chapter 7
DISCOVERY PERTAINING TO EXPERTS
§ 7.1. Interrogatory Responses Pertaining to Expert Witnesses.
§ 7.2. Criteria for Determining Admissibility of Expert Testimony.
§ 7.3. Failure to Supply Expert-Related Information or Supplying Untimely Expert-Related Information.
    § 7.3.1. Testimony Permitted.
    § 7.3.2. Testimony Not Permitted.
§ 7.4. Failure to Designate an Expert Witness in a Pretrial Statement.
§ 7.5. Particular Inquiries.
    § 7.5.1. Anticipated Testimony.
    § 7.5.2. Bias.
    § 7.5.3. Defendants' Own Opinions.
    § 7.5.4. Experts Consulted But Not Expected to Testify.
    § 7.5.5. Hypothetical Questions.

Chapter 8
PRIVILEGES
§ 8.1. In General.
§ 8.2. Accountant—Client.
§ 8.3. Attorney—Client.
    § 8.3.1. Application.
    § 8.3.2. Particular Cases.
§ 8.4. Clergyman—Penitent.
§ 8.5. Deliberative Process Privilege.
§ 8.6. Dentist—Patient Privilege.
§ 8.7. Drugs and Alcohol Records.
§ 8.8. Government Records.
§ 8.9. Identity Protection.
§ 8.10. Juvenile and Student Records.
§ 8.11. Mental Health Records.
§ 8.12. Peer Review.
§ 8.13. Physician—Patient Privilege.
    § 8.13.1. Physician—Patient Privilege in General.
    § 8.13.2. Identity of Patients.
    § 8.13.3. Unauthorized Contact with a Treating Physician.
§ 8.14. Psychiatrist/Psychologist—Patient Privilege.
§ 8.15. Sexual Assault Counselor—Victim Privilege.
§ 8.16. Reporter—Informant Privilege.
§ 8.17. Self-Critical Analysis Privilege.
§ 8.18. Self Incrimination Privilege.
§ 8.19. Trade Secrets.
§ 8.20. Work Product.
§ 8.21. Waiver of Privilege.

Chapter 9
FAMILY LAW CASES
§ 9.1. Domestic Relations Discovery.

Chapter 10
SANCTIONS
§ 10.1. Factors to Be Considered.
§ 10.2. Necessity of Disregard of a Prior Order.
§ 10.3. Necessity of Motion for Sanctions.
§ 10.4. Failure to Appear at Discovery Deposition.
    § 10.4.1. Sanctions Awarded.
    § 10.4.2. Sanctions Not Awarded.
§ 10.5. Failure to Answer Questions at Discovery Deposition.
§ 10.6. Sanctions for Inadequate Discovery Responses.
§ 10.7. Form of Sanctions.
    § 10.7.1. Sanctions in the Form of Allowing the Jury to Hear About Discovery Violations.
    § 10.7.2. Sanctions in the Form of a Preclusion Order.
    § 10.7.2.(a). Preclusion of All Witnesses or Evidence.
    § 10.7.2.(b). Preclusion of a Particular Witness.
    § 10.7.3. Sanctions in the Form of Money.
    § 10.7.4. Sanctions in the Form of Permitting a Bad Faith Claim.
    § 10.7.5. Sanctions in the Form of Judgment/Dismissal.
    § 10.7.6. Sanctions in the Form of Confinement.
    § 10.7.7. Sanctions in the Form of Removal of Counsel.
§ 10.8. Separate Lawsuit Alleging Damages as a Result of Discovery Violations.

Chapter 11
PARTICULAR INQUIRIES
§ 11.1. Accident/Incident Reports.
§ 11.2. Applicability of Discovery Rules to Certain Causes of Action.
§ 11.3. Attorney Notes.
§ 11.4. Authorizations.
§ 11.5. Church Records.
§ 11.6. Collateral Sources.
§ 11.7. Communications with Others About Fault.
§ 11.8. Conclusions of Law.
§ 11.9. Condition of the Defendant.
§ 11.10. Contact with Present and Former Employees of the Opposing Party.
§ 11.11. Corporation Records.
§ 11.12. Corporate Knowledge and Control of Information.
§ 11.13. Delays Implicating Delay Damage Issues.
§ 11.14. Diaries.
§ 11.15. Discovery in Aid of Execution.
§ 11.16. Drugs and Alcohol.
§ 11.17. Employee Personal Information.
§ 11.18. Eyeglasses and Eyesight.
§ 11.19. Financial Records and Taxes.
§ 11.20. First-Party Insurance Documentation.
§ 11.21. Identification of a Potentially Culpable Party.
§ 11.22. Information Already Provided or Facts Already Known.
§ 11.23. Insurance Company Files and Adjusters.
§ 11.24. Insurance Coverage Information.
§ 11.25. Interrogatories v. Depositions.
§ 11.26. Maintenance, Repair and Inspections (Pre-accident).
§ 11.27. Maintenance, Repair and Inspections (Post-accident).
§ 11.28. Marital and Extra-Marital Relations.
§ 11.29. Medical History of the Plaintiff.
§ 11.30. Medical Treatment and Injuries of the Plaintiff.
§ 11.31. Medical Treatment and Injuries of the Defendant.
§ 11.32. Other Accidents or Complaints Involving the Defendant.
§ 11.33. Personnel Files.
§ 11.34. Persons Subject to Discovery.
§ 11.35. Pre-accident Activities.
§ 11.36. Pre-complaint Discovery.
§ 11.37. Prior Complaints of the Plaintiff (see Medical History of the Plaintiff).
§ 11.38. Private Investigators.
§ 11.39. Public Records.
§ 11.40. Reports and Studies.
§ 11.41. Right to Conduct Additional Discovery.
§ 11.42. School Records.
§ 11.43. Settlements.
§ 11.44. Sexual History.
§ 11.45. Statements.
§ 11.46. Subpoenas.
§ 11.47. Surveillance.
§ 11.48. Taxes (See Financial Records and Taxes).
§ 11.49. Translations.
§ 11.50. Wage Loss.
§ 11.51. Wealth of the Defendant.
§ 11.52. Wealth of the Plaintiff.
§ 11.53. Witness Files.
§ 11.54. Witness Identification and Testimony.
§ 11.55. Workers' Compensation Records.

Chapter 12
GENERAL DISCOVERY QUOTATIONS
§ 12.1. Burden of Proof.
§ 12.2. Purpose of Discovery.
§ 12.3. Relevance Requirement.
§ 12.4. Scope of Discovery.

STATE AND LOCAL DISCOVERY RULES

PENNSYLVANIA STATE RULES

DEPOSITIONS AND DISCOVERY
Rule  
4001. Scope. Definitions.
4002. Agreement Regarding Discovery or Deposition Procedure.
4002.1. Filing Discovery Material.
4003. Right to Take Depositions. Notice. [Rescinded].
4003.1. Scope of Discovery Generally. Opinions and Contentions.
4003.2. Scope of Discovery. Insurance.
4003.3. Scope of Discovery. Trial Preparation Material Generally.
4003.4. Scope of Discovery. Trial Preparation Material. Statements.
4003.5. Discovery of Expert Testimony. Trial Preparation Material.
4003.6. Discovery of Treating Physician.
4003.7. Punitive damages.
4004. Procedure on Depositions by Written Interrogatories.
4005. Written Interrogatories to a Party.
4006. Answers to Written Interrogatories by a Party.
4007. Discovery. Depositions. Scope of Examination. Notice. [Rescinded].
4007.1. Procedure in Deposition by Oral Examination.
4007.2. When Leave of Court Required.
4007.3. Sequence and Timing of Discovery.
4007.4. Supplementing Responses.
4008. Oral Examination. Limitation.
4009. Production of Documents and Things and Entry for Inspection and Other Purposes. [Rescinded].

PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY FOR INSPECTION AND OTHER ACTIVITIES

PRODUCTION OF DOCUMENTS AND THINGS

GENERAL PROVISIONS
4009.1. Production of Documents and Things. General Provisions.

REQUEST UPON A PARTY
4009.11. Request Upon a Party for Production of Documents and Things.
4009.12. Answer to Request Upon a Party for Production of Documents and Things.

SUBPOENA UPON A PERSON NOT A PARTY
4009.21. Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections.
4009.22. Service of Subpoena.
4009.23. Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received.
4009.24. Notice of Intent to Serve Subpoena. Objection to Subpoena. Forms.
4009.25. Certificate Prerequisite to Service of Subpoena. Form.
4009.26. Subpoena to Produce Documents or Things. Form.
4009.27. Certificate of Compliance. Form.

ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES
4009.31. Entry Upon Property for Inspection and Other Activities. General Provisions.
4009.32. Request for Entry Upon Property of a Party.
4009.33. Motion for Entry Upon Property of a Person Not a Party.
4010. Physical and Mental Examination of Persons.
4010.1. Evaluation of Earning Capacity.
4011. Limitation of Scope of Discovery and Deposition.
4012. Protective Orders.
4013. Stay of Proceedings.
4014. Request for Admission.
4015. Persons Before Whom Depositions May be Taken.
4016. Taking of Depositions. Objections.
4017. Transcript of Testimony. Objections.
4017.1. Video Depositions.
4018. [Rescinded].
4019. Sanctions.
4020. Use of Depositions at Trial.
4023. Acts of Assembly Not Suspended.
4024. Effective Date. Pending Actions.
4025. Abolition of Practice and Procedure under Repealed Statutes.

PENNSYLVANIA LOCAL DISCOVERY RULES
Adams County
Allegheny County
Beaver County
Berks County
Bradford County
Bucks County
Butler County
Cambria County
Carbon County
Chester County
Clarion County
Clearfield County
Clinton County
Columbia/Montour County
Crawford County
Cumberland County
Dauphin County
Delaware County
Erie County
Fayette County
Franklin/Fulton County
Indiana County
Jefferson County
Lackawanna County
Lancaster County
Lawrence County
Lebanon County
Lehigh County
Luzerne County
Lycoming County
McKean County
Mercer County
Monroe County
Montgomery County
Northampton County
Northumberland County
Philadelphia County
Schuylkill County
Snyder/Union County
Somerset County
Warren/Forest County
Washington County
Wayne County
Westmoreland County
York County

PENNSYLVANIA STATUTES

TITLE 42
JUDICIAL CODE

CHAPTER 59
DEPOSITIONS AND WITNESSES

WITNESSES GENERALLY
Sec.  
5901. Judicial oath.
5902. Effect of religious beliefs.
5903. Compensation and expenses of witnesses.
5904. Subpoena of witnesses.
5905. Subpoenas.

CRIMINAL PROCEEDINGS
5911. Competency of witnesses generally.
5912. Effect of prior convictions.
5913. Spouses as witnesses against each other.
5914. Confidential communications between spouses.
5915. Testimony by spouse in rebuttal.
5916. Confidential communications to attorney.
5917. Notes of evidence at former trial.
5918. Examination of defendant as to other offenses.
5919. Depositions in criminal matters.

CIVIL MATTERS
5921. Interest not to disqualify.
5922. Disqualification by perjury.
5923. Confidential communications between spouses.
5924. Spouses as witnesses against each other.
5925. Testimony by married person against spouse in rebuttal.
5926. Testimony by spouse after attack on character or conduct.
5927. Actions by spouse to recover separate property.
5928. Confidential communications to attorney.
5929. Physicians not to disclose information.
5930. Surviving party as witness, in case of death, mental incapacity, etc.
5931. Incompetent witnesses.
5932. Witness competent to testify against interest; to become competent upon release of interest.
5933. Competency of surviving party.
5934. Notes of evidence at former trial.
5935. Examination of person adversely interested.
5936. Medical testimony by deposition.

CERTAIN PRIVILEGES AND IMMUNTIES
5941. Persons who may be compelled to testify.
5942. Confidential communications to news reporters.
5943. Confidential communications to clergymen.
5944. Confidential communications to psychiatrists or licensed psychologists.
5945. Confidential communications to school personnel.
5945.1. Confidential communications with sexual assault counselors.
5945.2. Confidential communications to crime stopper or similar anticrime program.
5946. Competency of certain witnesses where political subdivision is a party.
5947. Immunity of witnesses.
5948. Confidential communications to qualified professionals.
5949. Confidential mediation communications and documents.

Table of Cases

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