Current through Register Vol. 54, No. 24, June 15, 2024
Section 42.51 - Depositions(a) As authorized in § 42.42 (relating to authorization to employ discovery measures), application for permission to take a deposition may be made to a motions commissioner or motions examiner as provided in 1 Pa. Code § 35.146 (relating to notice and application). If the application so warrants, the Commissioner or examiner will issue and serve the authorization as provided in 1 Pa. Code § 35.147 (relating to authorization of taking deposition).(b) Attendance of the person to be examined by deposition may be compelled by the use of a subpoena as provided in §§ 42.48 and 42.50 (relating to issuance of subpoenas; and enforcement of subpoenas).(c) If a deponent to be examined at a deposition refuses to be sworn or to answer a question, the deposition shall be completed on other matters or adjourned, as the proponent of the swearing or question may prefer. Thereafter, upon reasonable notice and opportunity for reply to all persons affected thereby, the proponent may apply to a motions commissioner or examiner for an order compelling the witness to be sworn or to answer a question, in whole or in part, which order may be enforced as with a subpoena under § 42.50.(d) Subsection (a) supplements 1 Pa. Code §§ 35.145-35.150 (relating to depositions).The provisions of this § 42.51 adopted August 13, 1976, effective 8/14/1976, 6 Pa.B. 1887; amended April 19, 1991, effective 4/20/1991, 21 Pa.B. 1909.