(a)
Generally. Subject to this subchapter and consistent with Pa.
R.C.P. 4003.3 (relating to scope of discovery trial preparation material
generally), a party may obtain discovery of any matter discoverable under §
5.321(b)
(relating to scope) even though prepared in anticipation of litigation or
hearing by or for another party or by or for that other party's representative,
including his attorney, consultant, surety, indemnitor, insurer or agent. The
discovery may not include disclosure of the mental impressions of a party's
attorney or his conclusions, opinions, memoranda, notes, summaries, legal
research or legal theories. With respect to the representative of a party other
than the party's attorney, discovery may not include disclosure of his mental
impressions, conclusions or opinions respecting the value or merit of a claim
or defense or respecting strategy, tactics or preliminary or draft versions of
written testimony or exhibits, whether or not final versions of the testimony
or exhibits are offered into evidence.
(b)
Statements. Upon written
request, a party is entitled to immediate receipt of a photostatic copy or like
reproduction of a statement concerning the action or its subject matter
previously made by that party, another party or a witness. If the statement is
not provided, the party may move for an order from the presiding officer. For
purposes of this subsection, a statement previously made is one of the
following:
(1) A written statement signed or
otherwise adopted or approved by the person making it.
(2) A stenographic, mechanical, electrical or
other recording, or a transcription thereof, which is a substantially verbatim
recital of an oral statement by the person making it and contemporaneously
recorded.
Notes
The
provisions of this § 5.323 adopted October 12, 1984, effective
1/1/1985, 14 Pa.B. 3819; amended
April 28, 2006, effective 4/29/2006, 36 Pa.B.
2097.
The provisions of this § 5.323 amended under the
Public Utility Code,
66 Pa.C.S. §
§
501,
504-506,
1301 and
1501.
This section cited in 52 Pa. Code §
5.341 (relating to written
interrogatories to a party); 52 Pa. Code §
5.349 (relating to requests for
documents, entry for inspection and other purposes); 52 Pa. Code §
5.350 (relating to request for
admissions); and 52 Pa. Code §
5.351 (relating to on the record
data requests).
