Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 98-1352

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 4000]

Amendment of Note to Rule 4009.21(a); No. 302; Civil Procedural Rules; Doc. No. 5

[28 Pa.B. 4175]

Order

Per Curiam:

   And Now, this 4th day of August, 1998, the note to Pennsylvania Rule of Civil Procedure 4009.21(a) is amended to read as follows.

   Whereas prior distribution and publication of the amendment would otherwise be required, it has been determined that the amendment is of a perfunctory nature and that immediate promulgation is required in the interest of efficient administration.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective January 1, 1999.

Annex A

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.

   (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.

   Official Note: For the form of the written notice, see Rule 4009.24(a).

   These rules do not preclude (1) the issuance under Rule 234.1 et. seq. of a subpoena or request for the production of documents or things at a deposition pursuant to Rule 4007.1(d) or (2) an independent action against a person not a party for production of documents or things.

Explanatory Comment

   The second paragraph added to the note to Rule 4009.21(a) is a verbatim copy of the fourth paragraph of the note to Rule 4009.1. The intent of this repetition is to make clear that there are procedures other than a subpoena under Rule 4009.21 by which the production of documents or things may be sought from a person not a party to an action.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 98-1352. Filed for public inspection August 21, 1998, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.