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PA Bulletin, Doc. No. 04-1628

THE COURTS

PART I. GENERAL

[231 PA. CODE CH. 4000]

Amendment of Rule 4011 Governing Limitation of Scope of Discovery; No. 415 Civil Procedural Rules; Doc. No. 5

[34 Pa.B. 4881]

Order

Per Curiam:

   And Now, this 20th day of August, 2004, Pennsylvania Rule of Civil Procedure 4011 is amended to read as follows.

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

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective October 1, 2004.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 4000. DEPOSITIONS AND DISCOVERY

ENTRY UPON PROPERTY FOR INSPECTION AND OTHER ACTIVITIES

Rule 4011. Limitation of Scope of Discovery and Deposition.

   No discovery or deposition shall be permitted which

*      *      *      *      *

   (c)  is beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6; [or]

   (d)  [Rescinded.] is prohibited by any law barring disclosure of mediation communications and mediation documents; or

   Official Note: Section 5949 of the Judicial Code, 42 Pa.C.S. § 5949, provides, with specified exceptions, that all mediation communications and mediation documents are privileged. See Section 5949(c) for definitions of mediation communication and mediation document.

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

   [(f) Rescinded Nov. 20, 1978, effective April 16, 1979.]

[Pa.B. Doc. No. 04-1628. Filed for public inspection September 3, 2004, 9:00 a.m.]


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