Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 4000 - DEPOSITIONS AND DISCOVERY
Rule 4007.2 - When Leave of Court Required

Universal Citation: 231 PA Code ยง 4007.2

Current through Register Vol. 54, No. 38, September 21, 2024

(a) Except as provided by Rules 1042.5 and 4003.5(a)(2) and by subdivisions (b) and (d) of this rule, a deposition may be taken without leave of court.

(b) Leave of court must be obtained if a plaintiff's notice schedules the taking of a deposition prior to the expiration of thirty days after service of the original process and the defendant has not served a notice of taking a deposition or otherwise sought discovery, unless the party or person to be examined is

(1) aged or infirm, or

(2) about to leave the county in which the action is pending for a place outside the Commonwealth or a place more than one hundred miles from the courthouse in which the action is pending.

(c) If the plaintiff proceeds under subdivision (b)(1) or (2) of this rule the notice of taking the deposition shall set forth the facts which support taking it without leave of court. The plaintiff's attorney shall sign the notice and this signature shall constitute a certification that to the best of the attorney's knowledge, information and belief the statement of facts is true.

(d) The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

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