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PA Bulletin, Doc. No. 02-81



Promulgation of Local Rule 4019; No. 1793 S 1989

[32 Pa.B. 314]


   And Now, this 10th day of December 2001, Dauphin County Local Rule of Civil Procedure 4019 is amended as follows:

Rule 4019.  Discovery Disputes.

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   (4)  Procedure for failure to provide discovery; Motion for Sanctions.

   (a)  If a party fails to respond timely to interrogatories or a request for production of documents or fails to appear in response to a notice of deposition, and no extension of time has been granted, the party issuing the discovery request may file a motion for sanctions.

   (b)  A written notice of intention to seek sanctions, specifically listing the sanctions sought, shall be sent to the defaulting party(ies) by certified mail, return receipt requested, at least thirty days before filing a motion for sanctions.

   (c)  If the requested discovery is received within said thirty-day notice period, no motion for sanctions shall be filed.

   (d)  A motion for sanctions shall state (1) the discovery requested and (2) proposed sanctions appropriate pursuant to Pa.R.Civ.P. 4019. A written certificate of service of the written notice of intention to seek sanctions under subparagraph (b) and a copy of the notice shall be attached. If attorneys' fees and expenses are sought, reasonable documentation of time devoted and expenses incurred shall be attached to the motion.

   (e)  The Calendar Judge shall conduct a hearing on the motion, even if the default that prompted the motion has been corrected before the hearing date.

   This rule shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

[Pa.B. Doc. No. 02-81. Filed for public inspection January 18, 2002, 9:00 a.m.]

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