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PA Bulletin, Doc. No. 98-663



[231 PA. CODE CH. 4000]

Proposed Amendment to Discovery Rule 4007.1; Proposed Recommendation No. 147

[28 Pa.B. 2032]

   The Civil Procedural Rules Committee is proposing to amend Rule of Civil Procedure 4007.1 governing the procedure in deposition by oral examination. The proposed recommendation has not been submitted to the Supreme Court of Pennsylvania for review but is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than June 5, 1998 to: Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, Pennsylvania 17055, or e-mail to civil.rules@

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.

Annex A




Rule 4007.1.  Procedure in Deposition by Oral Examination.

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   (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 Com-monwealth.

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 Com-monwealth 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.

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   The suggestion has been made 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 unreasonable expense or burden. For example, a resident of Erie should not have to travel to Easton to object to an order obtained in connection with litigation outside the Commonwealth. The addition of new subdivision (f) to Rule 4007.1 responds to this concern.

By the Civil Procedural Rules Committee


[Pa.B. Doc. No. 98-663. Filed for public inspection May 1, 1998, 9:00 a.m.]

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