Section 4004. Procedure on Depositions by Written Interrogatories

(a)(1) A party taking a deposition by written interrogatories shall serve a copy of the interrogatories upon each party or the attorney of record of each party. Within thirty days thereafter the party so served may serve cross interrogatories upon each party or the attorney of record of each party. Subsequent interrogatories shall be similarly served within ten days.

(2) The interrogatories shall contain a notice stating the name or descriptive title and address of the officer before whom the deposition is to be taken, the time and place of taking the deposition and the name and address of each person to be examined if known, and, if the name is not known, a general description sufficient to identify each person to be examined or the particular class or group to which each person belongs. A deposition upon written interrogatories may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 4007.1(e).

(b) Objections to the form of interrogatories are waived unless filed and served upon the party propounding them within the time allowed for serving the succeeding cross or other interrogatories or within ten days after service of the last interrogatories. All other objections may be made at the trial except as otherwise provided by Rule 4016.

(c) A copy of all interrogatories for the taking of a deposition shall be transmitted to the person designated to take the deposition, who shall promptly give notice to the witness and thereafter propound the interrogatories to the witness and complete, certify and send the deposition by registered mail to the party taking the deposition, attaching thereto the copy of the interrogatories.

(d) When the deposition is received by the party taking the deposition, the party shall promptly give notice thereof to all other parties.

(e) After the service of interrogatories and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, may make an order in accordance with Rule 4012, or an order that the deposition shall not be taken before the officer designated in the notice, or that it not be taken except upon oral examination.

The provisions of this Rule 4004 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5338; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (234015) and (209481) to (209482).

Notation

Explanatory Note

The amendments make two major changes in the prior practice. First, in subdivision (a) the time period for filing cross-interrogatories is extended from ten days to thirty days and the time period for filing redirect interrogatories is extended from five days to ten days. These time periods follow the Federal Rules. In subdivision (b) the time period for filing objections to the form of interrogatories is extended from five days to ten days.

Second, subdivision (a) is further amended by adding a new subparagraph (2) providing for a notice identifying the officer, the time and place, and the name and address of each witness. If a name is unknown, it is sufficient to identify the witness or the particular class or group to which he belongs. This was previously permitted only as to notice of oral depositions under Rule 4007(c) and written interrogatories to a party under Rule 4005(a). It was not permitted as to written interrogatories to a witness under Rule 4004.

This new subparagraph (2) also incorporates by reference the provisions of new Rule 4007.1(e). This follows Fed. R.Civ.P. 30(b)(6) and 31(a) and permits a party to name a corporation, partnership, association, or governmental agency as the deponent and to designate the matter on which the opponent requests examination. The organization is then required to name one or more of its officers, directors, or managing agents, or other person who consents to appear as the person to be examined. If a person who has knowledge of the facts is not an officer, director or managing agent but is an employe and he refuses his consent, discovery may be used to ascertain his identity and he may thereafter be subpoenaed to appear.

As stated by the draftsmen of the amendments to the Federal Rules, these provisions reduce the difficulties previously encountered in determining, prior to the submission of written interrogatories or the taking of a deposition, the identity of the proper person to testify. The provision will avoid the necessity of deposing large numbers of officers, directors, agents or others, only to find in turn that they have no knowledge, or incomplete knowledge, of the information sought.

Present subdivisions (c), (d) and (e) of this Rule remain unchanged.