Section 1042.28. Defendant’s Request to Plaintiff for Production of Expert Reports. Response

(a)(1) A defendant against whom a claim of professional negligence has been made may serve on a plaintiff making that claim a Defendant’s Request to Plaintiff for Production of Expert Reports. The request shall be substantially in the form prescribed by Rule 1042.36.

(2) The Defendant’s Request may be served not earlier than ninety days after the defendant filed its original answer to the plaintiff’s complaint.

Official Note

An additional defendant may serve a Defendant’s Request to Plaintiff for Production of Expert Reports on a plaintiff pursuant to subdivision (a)(1) if the plaintiff is actively pursuing a claim against the additional defendant.

(b) A plaintiff to whom a request has been made under subdivision (a) shall, within one hundred eighty days after service of the request, furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that plaintiff to support the claims of professional negligence made by that plaintiff against the requesting party.

The provisions of this Rule 1042.28 adopted March 29, 2004, effective immediately, 34 Pa.B. 1926.