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PA Bulletin, Doc. No. 97-439

THE COURTS

[231 PA. CODE CH. 4000]

Amendment of Rule 4011 Governing Discovery; No. 271; Doc. No. 5

[27 Pa.B. 1443]

Order

Per Curiam:

   And Now, this 5th day of March, 1997, Pennsylvania Rule of Civil Procedure 4011 is amended to read as follows:

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective July 1, 1997.

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 Rules 4003.1 through 4003.6; 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   (d)  Rescinded.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   (f)  Rescinded.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 Rules 4003.1 through 4003.6 governing the scope of discovery refer to other matters including relevancy as well as privilege. The rule has been amended to refer to Rules 4003.1 through 4003.6 and thereby encompass all of the concepts of those rules.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 97-439. Filed for public inspection March 21, 1997, 9:00 a.m.]



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