Current through Register Vol. 54, No. 21, May 25, 2024
Section 5.361 - Limitation of scope of discovery and deposition(a) Discovery or deposition is not permitted which: (1) Is sought in bad faith.(2) Would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent, a person or party.(3) Relates to matter which is privileged.(4) Would require the making of an unreasonable investigation by the deponent, a party or witness.(b) In rate proceedings, discovery is not limited under subsection (a) solely because the discovery request requires the compilation of data or information which the answering party does not maintain in the format requested, in the normal course of business, or because the discovery request requires that the answering party make a special study or analysis, if the study or analysis cannot reasonably be conducted by the party making the request.(c) If the information requested has been previously provided, the answering party shall specify the location of the information.The provisions of this § 5.361 adopted October 12, 1984, effective 1/1/1985, 14 Pa.B. 3819; amended December 2, 1988, effective 1/3/1989, 18 Pa.B. 5451; amended April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097.The provisions of this § 5.361 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.
This section cited in 52 Pa. Code § 5.341 (relating to written interrogatories to a party).