Section 5.342. Answers or objections to written interrogatories by a party

(a) Form. Answers to interrogatories must:

(1) Be in writing.

(2) Identify the name and position of the individual who provided the answer.

(3) Be submitted as an answer and may not be submitted as an exhibit or in another form.

(4) Answer each interrogatory fully and completely unless an objection is made.

(5) Restate the interrogatory which is being answered or be inserted in the spaces provided in the interrogatories.

(6) Be verified in accordance with § 1.36 (relating to verification).

(b) Use. An answer may be used by a party for an appropriate purpose, if admissible under the applicable rules of evidence. An answer may not be offered into evidence by the party who provided it, except through the sworn oral testimony of the person who provided the answer.

(c) Objections. An objection shall be prepared, filed and served in the same manner provided for an answer, except that an objection must be contained in a document separate from an answer as required by the time provisions of subsection (e). An objection must:

(1) Be served instead of an answer.

(2) Restate the interrogatory or part thereof deemed objectionable and the specific ground for the objection.

(3) Include a description of the facts and circumstances purporting to justify the objection.

(4) Be signed by the attorney making it.

(5) Not be valid if based solely on the claim that an answer will involve an opinion or contention that is related to a fact or the application of law to fact.

(6) Not excuse the answering party from answering the remaining interrogatories or subparts of interrogatories to which no objection is stated.

(d) Service of answer. The answering party shall serve answers on the parties within 15 days for rate proceedings, and 20 days after service of the interrogatories for other cases. Time periods may be modified by the presiding officer, on motion or by agreement of the parties.

(e) Service of objections. The objecting party shall serve objections within 10 days of service of the interrogatories.

(1) The objecting party shall serve copies of the objection on the parties, along with a certificate of service, which specifically identifies the objectionable interrogatories.

(2) The objecting party shall file a copy of the certificate of service with the Secretary.

(f) Continuing obligation. The objecting party shall remain under an obligation to timely provide answers to interrogatories or subparts of interrogatories that were not objected to.

(g) Motion to compel. Within 10 days of service of an objection to interrogatories, the party submitting the interrogatories may file a motion requesting the presiding officer to dismiss an objection and compel that the interrogatory be answered. The motion to compel must include the interrogatory objected to and the objection. If a motion to compel is not filed within 10 days of service of the objection, the objected to interrogatory will be deemed withdrawn.

(1) The party against whom the motion to compel is directed shall file an answer within 5 days of service of the motion absent good cause or, in the alternative, respond orally at the hearing if a timely hearing has been scheduled within the same 5-day period.

(2) The presiding officer will rule on the motion as soon as practicable. The motion should be decided within 15 days of its presentation, unless the motion presents complex or novel issues. If it does have complex or novel issues, the presiding officer will, upon notice to the parties, rule in no more than 20 days of its presentation.

The provisions of this § 5.342 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097; amended September 20, 2013, effective September 21, 2013, 43 Pa.B. 5593. Immediately preceding text appears at serial pages (319184) to (319186).

Notation

Authority

The provisions of this § 5.342 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 523, 701—703, 1101—1103, 1301, 1501 and 1504.

Cross References

This section cited in 52 Pa. Code § 5.324 (relating to discovery of expert testimony); 52 Pa. Code § 5.331 (relating to sequence and timing of discovery); 52 Pa. Code § 5.349 (relating to requests for documents, entry for inspection and other purposes); and 52 Pa. Code § 5.351 (relating to on the record data requests).