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PA Bulletin, Doc. No. 98-1353

THE COURTS

PART I. GENERAL

[231 PA. CODE CH. 4000]

Amendment of Rule 4007.1 Governing Procedure in Depositions; No. 303 Civil Procedural Rules Doc. No. 5

[28 Pa.B. 4175]

Order

Per Curiam:

   And Now, this 4th day of August, 1998, Pennsylvania Rule of Civil Procedure 4007.1 is amended to read as follows.

   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

Rule 4007.1.  Procedure in Deposition by Oral Examination.

*      *      *      *      *

   (f)  An application for an order pursuant to Section 5326(a) of the Judicial Code may be filed only in the county in which the person who is the subject of the order resides, is employed or regularly transacts business in person.

   Official Note: Section 5326 of the Judicial Code, 42 Pa.C.S. § 5326, a part of the Uniform Interstate and International Procedure Act, provides for assistance to tribunals and litigants outside the Commonwealth.

Explanatory Comment

   Section 5326 of the Judicial Code, 42 Pa.C.S. § 5326, relating to ''Assistance to tribunals and litigants outside this Commonwealth with respect to depositions'' provides:

   (a)  General Rule.--A court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. . . .

   New subdivision (f) of Rule 4007.1 responds to the concern that there should be a limitation upon the county from which an order may be sought so that the person who is the subject of the order is not put to unreasonableexpense or burden. A resident of Erie should not have to travel to Easton to object to an order obtained in connection with litigation outside the Commonwealth.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 98-1353. Filed for public inspection August 21, 1998, 9:00 a.m.]


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