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PA Bulletin, Doc. No. 96-1785

THE COURTS

[231 PA. CODE CH. 4000]

Revision of Rule 4011 Governing Limitation of Scope of Discovery and Deposition; Recommendation No. 137

[26 Pa.B. 5098]

   The Civil Procedural Rules Committee has issued Recommendation No. 137 which proposes the amendment of Rule 4011 governing the limitation of scope of discovery and deposition. The recommendation is published in full in the Pennsylvania Bulletin, the advance reports of West's Atlantic and Pennsylvania Reporters, the Philadelphia Legal Intelligencer and the Pittsburgh Legal Journal. The recommendation is also published electronically as part of the Home Page of the Administrative Office of Pennsylvania Courts at http://www.cerf.net/penna-courts/. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to their submission to the Supreme Court. All communications should be sent no later than December 15, 1996 to:  Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, Pennsylvania 17055; or E-Mail to cprc@courts.state.pa.us.

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 4000.  DEPOSITIONS AND DISCOVERY

Rule 4011.  Limitation of Scope of Discovery and Deposition.

   No discovery or deposition shall be permitted which

   (a)  is sought in bad faith;

   (b)  would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party;

   (c)  relates to matter which is [privileged] beyond the scope of discovery as set forth in Rule 4003.1; or

   (d)  Rescinded.

   (e)  would require the making of an unreasonable investigation by the deponent or any party or witness.

   (f)  Rescinded.

Explanatory Comment

   Rule 4011(c) presently provides that no discovery or deposition shall be permitted which ''relates to matter which is privileged.'' The rule, however, is incomplete since Rule 4003.1 stating the scope of discovery refers to relevancy as well as privilege. It is proposed, therefore, that the rule be amended to refer to Rule 4003.1 and thereby encompass all of its concepts.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 96-1785. Filed for public inspection October 25, 1996, 9:00 a.m.]


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