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http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol37/37-40/1831.html
Oct 06, 2007 · New Rule 4003.8(b) governs a motion for protective order or other objection to pre-complaint discovery. The court may require the plaintiff ''to state with particularity how the discovery will materially advance the preparation of the complaint.'' The language ''materially advance'' is also derived from the opinion quoted above.
https://fightcopyrighttrolls.files.wordpress.com/2013/01/memo-rushie.pdf
Plaintiff’s Memorandum of Law Supporting its Motion for Leave to Take Pre-Complaint Discovery Under Pa.R.Civ.P. 4003.8 Summary of the Argument: A plaintiff may obtain pre-complaint discovery where the information it seeks is material and necessary to file its complaint, and the discovery will
https://cases.justia.com/pennsylvania/commonwealth-court/2015-239-c-d-2015.pdf?ts=1449850651
(b) Upon a motion for protective order or other objection to a plaintiff’s pre-complaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of the complaint. In deciding the motion or other objection, the
https://www.jdsupra.com/legalnews/finding-the-facts-before-the-lawsuit-beg-02058/
Aug 05, 2013 · Upon the proper filing of a writ of summons, Pennsylvania Rule of Civil Procedure No. 4003.8 permits a plaintiff to serve discovery before filing a complaint; much like pre-complaint discovery in federal court. However, the permitted discovery is narrow in scope.
https://evidence.uslegal.com/discovery/pennsylvania-discovery-law/
Sequence and Timing of Discovery:Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery. Rule 4007.3
https://www.law.com/thelegalintelligencer/almID/1202425569832/The-Implications-of-Rule-40038-PreComplaint-Discovery/
For the first time, a standard for obtaining pre-complaint discovery in Pennsylvania was articulated in the Pennsylvania Rule of Civil Procedure 4003.8, which became effective in November 2007. The passing of this rule is noteworthy because the rules previously acknowledged the possibility...
https://fightcopyrighttrolls.files.wordpress.com/2013/01/guava-motion-for-pcd-8ib_2qhe.pdf
Plaintiff’s Motion for Leave to Take Pre-Complaint Discovery Under Pa. R. Civ. P. 4003.8 Plaintiff Guava, LLC, through its undersigned attorney, moves this honorable Court to grant its Motion for Leave to Take Pre-Complaint Discovery under Pa. R. Civ. P. 4008.3. Plaintiff states the following in support of its motion…
https://www.scribd.com/document/101993482/101705882-4-17-2012-Motion-to-Take-Pre-Complaint-Discovery
Apr 17, 2012 · Plaintis Memorandum of Law Supporting its Motion for Leave to Take Pre-Complaint Discovery Under Pa.R.Civ.P. 4003.8 Summary of the Argument: A plainti may obtain pre-complaint discovery where the information it seeks is material and necessary to le its complaint, and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden, or expense …5/5(1)
https://www.cozen.com/admin/files/publications/quay1307510.PDF
The defendants then noticed a pre-complaint deposition of the additional. defendant, and filed a motion requesting an extension of time for filing a complaint against her. The additional defendant filed a motion for a Protective Order and objected to the defendants’. requested extension of time for filing a complaint.
http://www.pacodeandbulletin.gov/
Information included at this site has been derived directly from the Pennsylvania Code, the Commonwealth's official publication of rules and regulations and from the Pennsylvania Bulletin, the Commonwealth's official gazette for information and rulemaking
https://caselaw.findlaw.com/pa-commonwealth-court/1607952.html
Generally, a party objecting to pre-complaint discovery files a motion for protective order with a trial court, which then directs the plaintiff to “state with particularity how the discovery will materially advance the preparation of the complaint.” Pa. R.C.P. No. 4003.8(b).
https://caselaw.findlaw.com/pa-supreme-court/1227837.html
Mar 21, 2006 · As described above, we are faced with the consequence of a series of three interrelated orders. First, the trial court granted the Jordans' demurrer and dismissed Henry Jr.'s complaint without prejudice to file an amended complaint. Thereafter, the court denied Henry Jr.'s motion seeking pre-complaint discovery.
https://www.blankrome.com/publications/pre-complaint-discovery-underutilized-underrated-and-unknown-tool
Jun 05, 2017 · Were a party to issue a subpoena to obtain non-party discovery, however, she may face a motion for protective order, the resolution of which will require a full round of motions practice. ... “Pre-Complaint Discovery: An Underutilized, Underrated and Unknown Tool,” by Ethan M. Simon was published in the New Jersey Law Journal on June 5, 2017.
https://www.jdsupra.com/post/contentViewerEmbed.aspx?fid=04f401fa-cb98-4024-baaf-418763be302f
Even if the burden is overcome, the rule may limit the pre-complaint discovery to a deposition. Pennsylvania Rule of Civil Procedure No. 1532 provides for a similar procedure. If a lawsuit has...
https://law.justia.com/cases/pennsylvania/commonwealth-court/2015/239-c-d-2015.html
R.C.P. No. 4003.8 restricts pre-complaint discovery as follows: (a) A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party.
http://www.courts.phila.gov/pdf/cpcvcomprg/041201336.pdf
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ANDREW T. FANELLI, D.O., : DECEMBER TERM, 2004 ... denied defendants’ Motion, and permitted the depositions. Defendants filed a Motion for ... confidence and shall not be subject to discovery or introduction into
http://www.bisel.com/Descriptions/bk30_TOC.pdf
Pennsylvania Forms for the Rules of Civil Procedure SECOND EDITION with Author’s Summaries ... of Law Pennsylvania Practice Course University of Pittsburgh School of Law Calendar Control Judge for Contested Civil Motions Common Pleas Court of Allegheny County, Pennsylvania ... Time for Completing discovery and Filing Pre-Trial Statement rule ...
https://www.smartrules.com/guides/pa-wd-mtn-discovery-sanctions/
The motion for discovery sanctions is brought in the court where the action is pending. An application for an order as to a person who is not a party is made in the district where the discovery is being taken.
https://www.leagle.com/decision/199823337padampc4th1961208
Usually, the motion is filed by a defendant who contends that a complaint should be filed before either party engages in discovery. The second most common situation involves discovery sought either by a plaintiff or a defendant while preliminary objections are pending.
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