231 Pa. Code Rule 1042.29. Plaintiff's Request to Defendant or Additional Defendant for Production of Expert Reports. Response.

231 Pa. Code Rule 1042.29. Plaintiff’s Request to Defendant or Additional Defendant for Production of Expert Reports. Response.

Rule 1042.29. Plaintiff’s Request to Defendant or Additional Defendant for Production of Expert Reports. Response.

(a)(1)  Within the times set forth in subdivisions (a)(2) and (a)(3), a plaintiff who has furnished a defendant or additional defendant expert reports summarizing the expert testimony that will be offered by the plaintiff to support his or her claims of professional liability made against that defendant or additional defendant, may serve on that defendant or additional defendant a Plaintiff’s Request to Defendant or Additional Defendant for Production of Expert Reports. The request shall be substantially in the form prescribed by Rule 1042.37.
(2)  A plaintiff who has furnished an expert report to the defendant or additional defendant in response to a request pursuant to Rule 1042.28 may thereafter serve a request on that defendant or additional defendant. Within sixty days after service of the request, the party to whom the request has been directed shall furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that party to support the defenses to the requesting party’s claims.
(3)  A plaintiff who has furnished an expert report to the defendant or additional defendant without a request may serve a request on that defendant or additional defendant after ninety days following the filing of the certificate of merit as to the party to whom the request is directed. Within one hundred twenty days after service of the request, the party to whom the request has been directed shall furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that party to support the defenses to the requesting party’s claims.
(b)  If the defendant or additional defendant to whom a Plaintiff’s Request to Defendant or Additional Defendant for Production of Expert Reports has been directed has raised claims against other parties pursuant to Rule 2251 et seq., the expert reports shall also summarize the expert testimony that will be offered by that party in support of the claims against other parties.

   Official Note
   Rule 2251 et seq. governs the joinder of additional defendants.

Source

   The provisions of this Rule 1042.29 adopted March 29, 2004, effective immediately, 34 Pa.B. 1926.

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