Pennsylvania Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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Description

The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.

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FAQ

(b) Every pleading, written motion, and other paper directed to the court shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.

The test in new Rule 4007.4 is whether the party or the expert witness knows that the response was incorrect or is no longer correct in the light of intervening events of which he has knowledge. If he knows this, he must correct the response. If he does not know it, he need do nothing. 231 Pa. Code Rule 4007.4. Supplementing Responses. pacodeandbulletin.gov ? Display ? pacode pacodeandbulletin.gov ? Display ? pacode

Rule 1035.2 sets forth the general principle that a motion for summary judgment is based on an evidentiary record which entitles the moving party to judgment as a matter of law. The evidentiary record may be one of two types. 231 Pa. Code Rule 1035.2. Motion. - Pennsylvania Bulletin pacodeandbulletin.gov ? Display ? pacode pacodeandbulletin.gov ? Display ? pacode

I. New Rule 1023.1 requires that a pleading, written motion or other paper directed to the court be signed. The signing, or the filing, submitting or later advocating, a document is a certification as described in the rule. A court may impose sanctions for violation of the certification. Title 231--RULES OF CIVIL PROCEDURE - Pennsylvania Bulletin pacodeandbulletin.gov ? Display ? pabull pacodeandbulletin.gov ? Display ? pabull

Code § 1023.4 - Sanctions. (1) A sanction imposed for violation of Rule 1023.1 shall be limited to that which is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated.

Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. 231 Pa. Code § 4007.3 - Sequence and Timing of Discovery cornell.edu ? 231-Pa-Code-SS-4007-3 cornell.edu ? 231-Pa-Code-SS-4007-3

(1) solely liable on the underlying cause of action or (2) liable to or with the cross-claimant on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the underlying cause of action is based.

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Pennsylvania Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice