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PA Bulletin, Doc. No. 24-292

THE COURTS

Title 249—PHILADELPHIA RULES

PHILADELPHIA COUNTY

Adoption of Philadelphia Court of Common Pleas Civil Rules *4002.1 and *4003.8; President Judge General Court Regulation; No. 4 of 2024

[54 Pa.B. 1181]
[Saturday, March 9, 2024]

Order

 And Now, this 23rd day of February, 2024, the Board of Judges of Philadelphia County having voted at the Board of Judges' meeting held on February 15, 2024, to adopt Philadelphia Court of Common Pleas Civil Rules *4002.1, and *4003.8 as follows to this Order, and, as required by Pa.R.J.A. 103, the Supreme Court Civil Procedural Rules Committee has reviewed the following local rules, has determined that Rules *4002.1, and *4003.8 are not inconsistent with applicable statewide rules, and has authorized their promulgation.

 Now, therefore, it is hereby Ordered and Decreed that Philadelphia Court of Common Pleas Civil Rules *4002.1, and *4003.8 are adopted, as follows, effective thirty days after publication in the Pennsylvania Bulletin.

 As required by Pa.R.J.A. 103(d), the local rule which follows this Order was submitted to the Supreme Court of Pennsylvania Civil Procedural Rules Committee for review, and written notification has been received from the Rules Committee certifying that the local rule is not inconsistent with any general rule of the Supreme Court. This Order and the following local rule shall be filed with the Office of Judicial Records (formerly the Prothonotary, Clerk of Courts and Clerk of Quarter Sessions) in a docket maintained for Administrative Orders issued by the First Judicial District of Pennsylvania. As required by Pa.R.J.A. 103(d)(5)(ii), two certified copies of this Administrative Order and the following local rule, as well as one copy of the Administrative Order and local rule shall be distributed to the Legislative Reference Bureau on a computer diskette for publication in the Pennsylvania Bulletin. As required by Pa.R.J.A. 103(d)(6) one certified copy of this Administrative Order and local rule shall be filed with the Administrative Office of Pennsylvania Courts, shall be published on the website of the First Judicial District at http://www.courts.phila.gov, and shall be incorporated in the compiled set of local rules no later than 30 days following publication in the Pennsylvania Bulletin. Copies of the Administrative Order and local rules shall also be published in The Legal Intelligencer and will be submitted to American Lawyer Media, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.

By the Court

HONORABLE NINA WRIGHT-PADILLA, 
President Judge
Court of Common Pleas

Rule *4002.1. Deposition Procedure in Mass Tort Cases.

 All plaintiffs in cases assigned to the Mass Tort Program shall be made available for deposition in Philadelphia unless otherwise agreed by all parties or upon motion and for good cause shown.

 Note: See also General Court Regulation No. 2024-04.

 Effective April 8, 2024.

PROPOSED PHILADELPHIA CIVIL RULE *4003.8. PRE-COMPLAINT DISCOVERY.

Rule *4003.8. Pre-Complaint Discovery.

 As authorized by Pa.R.C.P. Nos. 4003.8, a request for pre-complaint discovery, or an objection thereto, whether in the nature of discovery for preparation of pleadings (see Pa.R.C.P. No. 4001(c)), or in the nature of written interrogatories and depositions for the purpose of preparing a complaint (see Pa.R.C.P. Nos. 4005(a) and 4007.1(c)) must comply with all requirements of Discovery Motions as set forth in Phila.Civ.R. *208.3(a)(4).

 Explanatory Note: Pa.R.C.P. No. 4003.8 authorizes pre-complaint discovery. In order to create a full record, requests for pre-complaint discovery as well as objections to pre-complaint discovery commenced without court approval shall be drafted and assigned for disposition pursuant Phila.Civ.R. *208.3(a)(4), the local rule which governs discovery motions. This ensures uniformity in that requests for pre-complaint discovery, motions for protective orders and other pre-judgment discovery motions are assigned to discovery court.

 Note: Adopted by the Board of Judges of the Court of Common Pleas on May 15, 2008, amended on April 8, 2024.

[Pa.B. Doc. No. 24-292. Filed for public inspection March 8, 2024, 9:00 a.m.]


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