Section 1021.93. Discovery motions

(a) This section applies to motions filed to resolve disputes arising from the conduct of discovery.

(b) A discovery motion may not be filed unless it contains a certification that the movant has in good faith conferred or attempted to confer with the party against whom the motion is directed in an effort to secure the requested discovery without Board action. Discovery motions must contain as exhibits the discovery requests and answers giving rise to the dispute.

(c) Responses to discovery motions shall be filed within 15 days of the date of service of the motion, unless the Board orders otherwise.

(d) A party may file a memorandum of law in support of its discovery motion or its response to a discovery motion. The supporting memorandum of law shall be filed at the same time the motion or response is filed.

(e) Subsection (b) supersedes 1 Pa. Code § 33.12 (relating to verification). Subsections (b) and (d) supersedes 1 Pa. Code § 35.177 (relating to the scope and contents of motions). Subsection (c) supersedes 1 Pa. Code § 35.179 (relating to objections to motions).

The provisions of this § 1021.93 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035. Immediately preceding text appears at serial pages (317408) to (317409).

Notation

Cross References

This section cited in 25 Pa. Code § 1021.95 (relating to miscellaneous motions); 25 Pa. Code § 1021.102 (relating to discovery); and 25 Pa. Code § 1021.133 (relating to reopening of record prior to adjudication).