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Pennsylvania Injury Lawyers

New Pennsylvania Rule of Civil Procedure 4003.8 on Pre-Complaint Discovery

Attached is a link to New Pennsylvania Rule of Civil Procedure 4003.8 that is effective November 1, 2007 on pre-complaint discovery. It basically formalizes into one rule the Pennsylvania Supreme Court decision in McNeil v. Jordan, 894 A.2d 1260 (Pa. 2006). There is a 2 prong test: 1. the information must be "material and necessary" to prepare the complaint and 2. not cause "unreasonable annoyance, embarrassment, oppression, burden or expense". There is also a provision 4003.8(b) regarding a protective order or objection if necessary subject to court discretion.

Scott B. Cooper
717-232-6300

http://www.courts.state.pa.us/OpPosting/Supreme/out/483civ.5attch.pdf



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