Dauphin Cnty. C.P. Rule 4019 - Discovery

RULE 4019 DISCOVERY

(1) (a) Except in the situations that are covered by subsection (4) hereof, when a

dispute arises, during any discovery permitted under the Pennsylvania

Rules of Civil Procedure, an aggrieved party shall file with the

Prothonotary an original and one copy of a Motion for a Discovery

Conference. The Prothonotary shall forward the original discovery

conference motion to the Court Administrator’s Office for assignment in

accordance with Local Rule 208.3(a) and shall retain the copy in the file.

(b) The party filing the motion shall, at the time of filing, serve a copy upon all

other parties.

(2) (a) The motion shall be concise and contain the following:

(i) a brief statement identifying the parties and describing the nature of

the case;

(ii) a brief statement of the status of any discovery procedure involved;

(iii) a verbatim statement of the discovery sought or objected to;

(iv) an assignment of reasons why the matter sought is discoverable or

objected to, and a statement of the relief requested;

(v) a statement identifying all other parties and their counsel, with

mailing addresses and telephone numbers, and a statement of the

parties’ attempt to resolve the dispute;

(vi) if necessary, a request for the suspension of all, or portion of all,

discovery until the dispute is resolved;

(b) No briefs will be filed with the motion or thereafter, except as permitted

under Rule 4019(3)(b)(ii).

(c) The party filing the motion shall submit therein all discovery disputes then

existing between the parties.

(d) Any other party may file an answer to the motion and raise by separate

motion, whether an answer is filed or not, any discovery dispute not

previously raised.

(3) (a) Upon being filed, the matter shall be assigned to a Judge of this Court for

disposition. Parties shall provide a copy of all subsequent pleadings,

filings, briefs and memoranda related to the assigned discovery motion to

the assigned judge simultaneously with the filing thereof with the

Prothonotary.

(b) The Judge to whom the motion is assigned may:

(i) schedule a discovery conference;

(ii) require the filing of briefs;

(iii) require oral argument;

(iv) dismiss the matter if the moving party fails to comply with this rule.

(c) The Judge assigned to conduct the discovery conference shall enter an

appropriate order disposing of the issues raised in the motion.

(d) Any order issued pursuant to this Rule shall be entered of record.

(4) Procedure for failure to provide discovery permitted by statute, rule of practice,

rule of procedure, or order of court.

(a) WRITTEN DISCOVERY

(1) If a party fails to timely respond to interrogatories or a request for

production of documents, and no extension of time has been

granted, no motion for a protective order has been granted, or no

objection to the written discovery request has been lodged, the

party seeking the discovery shall proceed under ONE of the

following options:

(a) DISCOVERY CONFERENCE – the aggrieved party may

promptly file a Motion for a Discovery Conference in

accordance with Local Rule 4019(1), provided that no written

Notice of Intention to Seek Sanctions has been sent

pursuant to Local Rule 4019(4)(a)(1)(b) as set forth

hereafter.

(b) MOTION FOR SANCTIONS –

(i) A written Notice of Intention to Seek Sanctions,

specifically (a) referencing this rule, (b) listing the

sanctions sought, and (c) where applicable, noting

that the Sanctions Hearing Order will require the

presence of both the defaulting party(ies) and their

counsel at said hearing, unless counsel for the

defaulting party(ies) accepts full responsibility for

the default, in writing, filed within five calendar days

of receipt of the motion, shall be sent to counsel for

the defaulting party(ies), if represented, otherwise to

the defaulting party(ies), by certified mail, return

receipt requested, at least thirty days before filing a

Motion for Sanctions.

(ii) If a full and complete discovery response authorized

by the Pennsylvania Rules of Civil Procedure is

received within said thirty-day notice period, no

Motion for Sanctions shall be filed. However, a

Discovery Conference can thereafter be sought for

any appropriate relief upon motion of any party.

(iii) A Motion for Sanctions shall state the discovery

requests alleged to be in default, and the requested

appropriate sanctions pursuant to Pa.R.Civ.P. 4019.

A written certificate of service of the written Notice of

Intention to Seek Sanctions and a copy of the notice

shall be attached. If attorneys’ fees and expenses are

sought, reasonable documentation of time devoted

and expenses incurred must be attached to the

Motion. Failure to attach such reasonable

documentation shall preclude consideration of that

form of relief. A concise Answer to the Motion is

permitted if filed within ten days of service of a copy of

the Motion for Sanctions. Parties shall provide a copy

of all subsequent pleadings, filings, briefs and

memoranda related to the motion for sanctions to the

assigned judge simultaneously with the filing thereof

with the Prothonotary.

(iv) The Civil Calendar Judge shall conduct a hearing on

the Motion, even if the default that prompted the

Motion has been corrected before the hearing

date.

(v) Nothing in this section shall prohibit a party(ies), who

is having difficulty in complying with a discovery

request, from requesting a Discovery Conference with

the Court by filing a Motion for Discovery

Conference before a Notice of the Intention to Seek

Sanctions is sent by the requesting party(ies).

(b) DEPOSITIONS

(1) When a party or nonparty fails to appear for a duly noticed

deposition, and no Protective Order has been obtained, a Motion

for Sanctions may be filed immediately and without further notice.

However, it shall be the firm responsibility of the party seeking

sanctions to ensure, to a certainty, that actual notice of the

deposition was personally served on the person failing to appear.