Section 4008. Oral Examination. Limitation

If a deposition is to be taken by oral examination more than one hundred miles from the courthouse, the court upon motion may make an order requiring the payment of reasonable expenses, including attorney’s fees, as the court shall deem proper.

The provisions of this Rule 4008 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2281. Immediately preceding text appears at serial pages (228825) to (228826).

Notation

Explanatory Note

This Rule remains unchanged.

It applies only where a deposition is to be taken by oral examination more than 100 miles from the courthouse. It does not apply to other situations or to other forms of discovery. Other kinds of limitations are prescribed in Rule 4012, infra, which provides for protective orders in all forms of discovery, in Rule 4010(a) which provides for limitations of physical or mental examinations and Rule 4009(b)(2) which provides for objections to production of documents and things and entry for inspection.