Current through Register Vol. 54, No. 44, November 2, 2024
(a) In addition to the general limitation on
the scope of discovery and deposition in Pa.R.C.P. No. 4011 (relating to
limitation of scope of discovery and deposition), the following limitations on
discovery apply:
(1) Interrogatories to a
party, as a matter of right, may not exceed ten in number. Interrogatories
inquiring as to the names and locations of witnesses, or the existence,
location and custodian of documents or physical evidence each will be construed
as one interrogatory.
(i) Other
interrogatories, including subdivisions of one numbered interrogatory, will be
construed as separate interrogatories.
(ii) If counsel for a party believes that
more than ten interrogatories are necessary, counsel shall consult with
opposing counsel promptly and attempt to reach a written stipulation as to a
reasonable number of additional interrogatories.
(iii) Counsel are expected to comply with
this requirement in good faith. If the parties cannot agree on a written
stipulation, the Bureau, upon motion of a party, may permit the party to serve
additional interrogatories if the party establishes to the Bureau's
satisfaction that additional interrogatories are reasonable and necessary in
light of the particular facts involved and that they will not prevent the
prompt and efficient adjudication of the provider appeal.
(2) Request for admissions to a party, as a
matter of right, will not exceed ten in number.
(i) Requests for admissions, including
subdivisions of one numbered request, will be construed as a separate
request.
(ii) If counsel for a
party believes that more than ten requests for admission are necessary, counsel
shall consult with opposing counsel promptly and attempt to reach a written
stipulation as to a reasonable number of additional requests.
(iii) Counsel are expected to comply with
this requirement in good faith. If the parties cannot agree on a written
stipulation, the Bureau, upon motion of a party, may permit the party to serve
additional requests for admission if the party establishes to the Bureau's
satisfaction that additional requests for admission are reasonable and
necessary in light of the particular facts involved and that they will not
prevent the prompt and efficient adjudication of the provider appeal.
(3) Depositions, as a matter of
right, may not exceed three in number.
(i) A
deposition of a person will not be permitted if the person has already been
deposed in the appeal.
(ii) If
counsel for a party believes that more than three depositions or that the
deposition of a person who has already been deposed are necessary, counsel
shall consult with opposing counsel promptly and attempt to reach a written
stipulation as to a reasonable number of additional depositions.
(iii) Counsel are expected to comply with
this requirement in good faith. If the parties cannot agree on a written
stipulation, the Bureau, upon motion of a party, may permit the party to take
additional depositions if the party establishes to the Bureau's satisfaction
that additional depositions are reasonable and necessary in light of the
particular facts involved and that they will not prevent the prompt and
efficient adjudication of the provider appeal.
(b) Unless the Secretary has been identified
as a witness by the program office, a party may not depose the
Secretary.
(c) Unless a senior
Department official has been identified as a witness by the program office or
agrees to submit to a deposition, a party may not depose a senior Department
official regardless of the number of depositions taken, except that the Bureau,
upon motion of a party, may permit the party to depose a senior Department
official if the party establishes to the Bureau's satisfaction that the
following apply:
(1) The senior Department
official was personally involved in the disputed agency action.
(2) The deposition of the senior Department
official is reasonable and necessary in light of the particular facts involved
and will not prevent the prompt and efficient adjudication of the provider
appeal.
(d) The Bureau
may issue protective orders limiting or precluding discovery in accordance with
subsections (a)-(c) or as specified in Pa.R.C.P. No. 4012 (relating to
protective orders).
(e) Subsections
(a)-(d) supersede 1 Pa. Code §§35.145-35.152 as the sections relate to
discovery only.
This section cited in 55 Pa. Code §
41.81 (relating to consolidation
of provider appeals); 55 Pa. Code §
41.92 (relating to expedited
disposition procedure for certain appeals); 55 Pa. Code §
41.101 (relating to prehearing
procedure in certain provider appeals); 55 Pa. Code §
41.111 (relating to disclosures);
and 55 Pa. Code §
41.134 (relating to discovery
motions).
