Section 5.344. Approval by presiding officer

(a) Notice of the deposition served upon the presiding officer, under § 5.343(a) (relating to procedures in deposition by oral examination), constitutes an application for an order to take a deposition under section 333(b) of the act (relating to prehearing procedures). The copy served on the presiding officer shall have attached a proposed order containing the following language: ‘‘Application granted. So Ordered this

---

day of

---

.’’ and bear a signature line for the presiding officer.

(b) The application will be granted by the presiding officer, except as provided in § 5.324(a)(3) (relating to discovery of expert testimony), or for failure to comply with § 5.343 or subsection (c), or if objected to within 10 days. The presiding officer will consider a timely filed objection and § § 5.324(a)(3), 5.343 and subsection (c) before ruling upon the application.

(c) If a party provides notice scheduling the taking of a deposition prior to an expiration of 20 days after initiation of the proceedings, the party shall set forth the facts requiring the expedited discovery, and the presiding officer will consider whether expedited discovery is warranted.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.147 (relating to authorization of taking deposition).

The provisions of this § 5.344 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 April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225690).

Notation

Authority

The provisions of this § 5.344 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 5.343 (relating to procedures in deposition by oral examination); 52 Pa. Code § 5.347 (relating to depositions—objections); and 52 Pa. Code § 5.411 (relating to oral examination).