(a)
Form. Answers to interrogatories must:
(1) Be in writing.
(2) Identify the name and position of the
individual who provided the answer.
(3) Be submitted as an answer and may not be
submitted as an exhibit or in another form.
(4) Answer each interrogatory fully and
completely unless an objection is made.
(5) Restate the interrogatory which is being
answered or be inserted in the spaces provided in the
interrogatories.
(6) Be verified in
accordance with §
1.36 (relating to
verification).
(b)
Use. An answer may be used by a party for an appropriate
purpose, if admissible under the applicable rules of evidence. An answer may
not be offered into evidence by the party who provided it, except through the
sworn oral testimony of the person who provided the answer.
(c)
Objections. An objection
shall be prepared, filed and served in the same manner provided for an answer,
except that an objection must be contained in a document separate from an
answer as required by the time provisions of subsection (e). An objection must:
(1) Be served instead of an answer.
(2) Restate the interrogatory or part thereof
deemed objectionable and the specific ground for the objection.
(3) Include a description of the facts and
circumstances purporting to justify the objection.
(4) Be signed by the attorney making
it.
(5) Not be valid if based
solely on the claim that an answer will involve an opinion or contention that
is related to a fact or the application of law to fact.
(6) Not excuse the answering party from
answering the remaining interrogatories or subparts of interrogatories to which
no objection is stated.
(d)
Service of answer. The
answering party shall serve answers on the parties within 15 days for rate
proceedings, and 20 days after service of the interrogatories for other cases.
Time periods may be modified by the presiding officer, on motion or by
agreement of the parties.
(e)
Service of objections. The objecting party shall serve
objections within 10 days of service of the interrogatories.
(1) The objecting party shall serve copies of
the objection on the parties, along with a certificate of service, which
specifically identifies the objectionable interrogatories.
(2) The objecting party shall file a copy of
the certificate of service with the Secretary.
(f)
Continuing obligation.
The objecting party shall remain under an obligation to timely provide answers
to interrogatories or subparts of interrogatories that were not objected
to.
(g)
Motion to
compel. Within 10 days of service of an objection to interrogatories,
the party submitting the interrogatories may file a motion requesting the
presiding officer to dismiss an objection and compel that the interrogatory be
answered. The motion to compel must include the interrogatory objected to and
the objection. If a motion to compel is not filed within 10 days of service of
the objection, the objected to interrogatory will be deemed withdrawn.
(1) The party against whom the motion to
compel is directed shall file an answer within 5 days of service of the motion
absent good cause or, in the alternative, respond orally at the hearing if a
timely hearing has been scheduled within the same 5-day period.
(2) The presiding officer will rule on the
motion as soon as practicable. The motion should be decided within 15 days of
its presentation, unless the motion presents complex or novel issues. If it
does have complex or novel issues, the presiding officer will, upon notice to
the parties, rule in no more than 20 days of its presentation.
Notes
The
provisions of this § 5.342 adopted October 12, 1984, effective
1/1/1985, 14 Pa.B. 3819; amended
December 2, 1988, effective 1/3/1989, 18 Pa.B. 5451; amended January 24,
1997, effective 1/25/1997, 27
Pa.B. 414; amended April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097; amended September 20,
2013, effective 9/21/2013, 43
Pa.B. 5593.
The provisions of this § 5.342 amended under the
Public Utility Code,
66 Pa.C.S. §
§
309-311,
315,
331-335,
501,
504-506,
523,
701-703,
1101-1103,
1301,
1501 and
1504.
This section cited in 52 Pa. Code §
5.324 (relating to discovery of
expert testimony); 52 Pa. Code §
5.331 (relating to sequence and
timing of discovery); 52 Pa. Code §
5.349 (relating to requests for
documents, entry for inspection and other purposes); and 52 Pa. Code §
5.351 (relating to on the record
data requests).
