Section 4009.23. Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received

(a) The person not a party upon whom the subpoena has been served shall, in complying with the subpoena, execute a certificate of compliance and deliver it with the documents or things produced to the party serving the subpoena within twenty days of service. A form of certificate to be executed and delivered shall be served with the subpoena.

Official Note

For the form of the certificate of compliance, see Rule 4009.27.

The requirement of filing with the prothonotary the certificate under this rule and the objections under Rule 4009.21(c) provides a more formal procedure for the participation of a person not a party in the discovery process.

(b) The party receiving documents and things pursuant to the subpoena shall give notice of receipt to every other party to the action and upon the payment of reasonable cost shall

(1) furnish a legible copy of each document to any other party who requests a copy and

(2) allow reasonable access to the things to any other party who requests access.

Official Note

See Rule 4009.1 regarding electronically stored information.

The provisions of this Rule 4009.23 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial page (247878).