§ Rule 4001 Scope Definitions

Codes > Pennsylvania Rules of Civil Procedure > Depositions and > Rule 4001

Rule 4001. Scope. Definitions

    (a) The rules of this chapter apply to any civil action or proceeding brought in or appealed to any court which is subject to these rules including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923.

        Note: Rule 1701(b)(4) of the Pennsylvania Rules of Appellate Procedure permits a lower court to authorize the taking of depositions or the preservation of testimony in the interest of justice after an appeal is taken. The procedure under these rules is applicable to such depositions.

    See Rule 1930.5 governing discovery in domestic relations matters and specifying when leave of court is and is not required. See also Rules 1910.9 and 1915.5(c) governing discovery in actions for support and custody, respectively.

    (b) As used in this chapter, unless the context clearly indicates otherwise,

    “court” means the court in which the action is pending;

    “deposition” includes a deposition upon written interrogatories or oral examination;

    “trial” includes a hearing before arbitrators or viewers.

        Note: These rules apply to an action pending in the court of common pleas and referred to compulsory arbitration under Section 7361 of the Judicial Code, 42 Pa.C.S. § 7361.

    (c) Subject to the provisions of this chapter, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes.

        Note: See Rule 4003.8 governing pre-complaint discovery.

    (d) Subject to the provisions of this chapter, any party may obtain discovery by one or more of the following methods: depositions upon oral examination (Rule 4007.1) or written interrogatories (Rule 4004); written interrogatories to a party (Rule 4005); production of documents and things and entry for inspection and other purposes (Rule 4009); physical and mental examinations (Rule 4010); and requests for admission (Rule 4014).

        Note: Under subdivision (d), for example, a party may discover documents and things in the possession of a person not a party by means of a subpoena duces tecum issued in connection with a deposition upon oral examination under Rule 4007.1, a subpoena for the production of documents and things under Rule 4009.21 et seq., and an independent action.