§ 5.347. Taking of depositions—objections.
(a) Objection to taking a deposition because of the disqualification of the person before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
(b) Objections to the competency of a witness or to the competency, relevancy or materiality of the testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground for the objection is one which was known to the objecting party and which might have been obviated or removed if made at that time.
(c) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of oral questions or answers, in the oath or affirmation or in the conduct of parties and errors which might have been obviated, removed or cured if objections had been promptly made, are waived unless reasonable objection is made at the taking of the deposition.
(d) Errors and irregularities in the notice for taking a deposition are waived unless written objection is served upon the party giving the notice under § 5.344 (relating to approval by presiding officer).
(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.151 (relating to status of deposition as part of record).
Authority The provisions of this § 5.347 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 5.347 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225692) to (225693).
Cross References This section cited in 52 Pa. Code § 5.345 (relating to procedure on depositions by written questions); 52 Pa. Code § 5.364 (relating to use of depositions at hearing); and 52 Pa. Code § 5.411 (relating to oral examination).
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