Subchapter D. DISCOVERY
Rule
899.401. Discovery.
899.402. Discovery motions.
899.403. Limitation on discovery.Rule 899.401. Discovery.
(a) Except when required under subsection (c) or (d), discovery material may not be filed with the Board. The party serving the discovery material or taking the deposition shall retain the original and be custodian of it.
(b) If a part of discovery material is used as evidence in connection with a motion, the relevant part shall be set forth, verbatim, in the motion or response. If discovery material is used as evidence at the hearing, the party offering it shall read it into the record or, if directed to do so by the Board, offer it as an exhibit.
(c) The Board will resolve a dispute concerning the accuracy of a quotation of discovery material used as provided in subsection (b) and may require production of the original paper or transcript.
(d) The Board, on its own motion, on the motion of a party or on an application by a nonparty, may require the filing of original discovery material. The parties may provide for the filing by stipulation.
(e) A party serving a request for discovery including depositions by oral examination, and a party filing written responses thereto shall file with the Board and serve upon all other parties or their counsel a notice of service substantially in the form prescribed in subsection (f). A party which files a motion or petition under Rule 899.301 or Rule 899.402 (relating to motions and petitions; and discovery motions) in response to a discovery request or a discovery response is not required to file and serve a notice of service in addition thereto.
(f) The notice of service required by subsection (e) shall be substantially in the following form:
(CAPTION)
Notice of ServiceYou are hereby notified that on the
day of
, 20
, (identify discovery request or response) was served upon the following parties or their counsel via United States Mail, first class, postage prepaid, and addressed as follows:(names and addresses to whom discovery request or response were directed)
Name
Supreme Court I. D. No.
Address
Phone
Attorneys for
Authority The provisions of this Rule 899.401 amended under the Commonwealth Procurement Code, 62 Pa.C.S. § 1722(6); and sections 504(a) and 1307 of the Right-to-Know Law (65 P. S. § § 67.504(a) and 67.1307).
Source The provisions of this Rule 899.401 amended May 15, 2015, effective May 16, 2015, 45 Pa.B. 2359. Immediately preceding text appears at serial page (232229).
Rule 899.402. Discovery motions.
(a) A discovery motion shall be prepared in accordance with Rule 899.301 (relating to motions and petitions).
(b) A moving party filing a motion to compel answers to interrogatories or production of documents need not file a brief with the motion, if the motion avers only that a response or objection has not been timely served. The Pa.R.C.P. which are relied upon shall be cited in the motion. The Board may grant or deny the motion without waiting for a response.
Cross References This rule cited in 61 Pa. Code Rule 899.301 (relating to motions and petitions); and 61 Pa. Code Rule 899.401 (relating to discovery).
Rule 899.403. Limitation on discovery.
(a) During the pendency of an action, a party may not serve on another party more than 60 interrogatories, including all subparts and requests for admission.
(b) If the party files a motion showing good cause, the Chief Administrative Judge may allow a party to exceed the limit in subsection (a). The motion shall be prepared in accordance with Rule 899.301 (relating to motions and petitions).
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