§ 1021.102. Discovery.
(a) Except as otherwise provided in this chapter or by order of the Board, discovery in proceedings before the Board shall be governed by the Pa.R.C.P. When the term ‘‘court’’ is used in the Pa.R.C.P., ‘‘Board’’ is to be understood; when the terms ‘‘prothonotary’’ or ‘‘clerk of court’’ are used in the Pa.R.C.P., ‘‘Secretary to the Board’’ is to be understood.
(b) Copies of requests for discovery or responses to requests are not to be filed with the Board unless they are necessary for the resolution of a discovery dispute or disposition of a motion pending before the Board.
(c) If a person or party is to be deposed by oral examination more than 100 miles from his or its residence or principal place of business, the Board may, upon motion, order the payment of reasonable expenses, including attorney’s fees, as the Board deems proper.
(d) Discovery disputes shall be resolved pursuant to a motion filed in accordance with § 1021.93 (relating to discovery motions), except that to facilitate the prompt completion of discovery, the Board may hear argument on discovery disputes by telephone conference call at the time the dispute arises and may issue oral rulings which will be later memorialized in written orders.
(e) Subsections (a)—(d) supersede 1 Pa. Code § § 35.145—35.152 (relating to depositions).
Source The provisions of this § 1021.102 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.
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