Current through Register Vol. 54, No. 45, November 9, 2024
Rule 4004 - Procedure on Depositions by Written Interrogatories(a)(1) A party taking a deposition by written interrogatories shall serve a copy of the interrogatories upon each party or the attorney of record of each party. Within thirty days thereafter the party so served may serve cross interrogatories upon each party or the attorney of record of each party. Subsequent interrogatories shall be similarly served within ten days.(2) The interrogatories shall contain a notice stating the name or descriptive title and address of the officer before whom the deposition is to be taken, the time and place of taking the deposition and the name and address of each person to be examined if known, and, if the name is not known, a general description sufficient to identify each person to be examined or the particular class or group to which each person belongs. A deposition upon written interrogatories may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 4007.1(e).(b) Objections to the form of interrogatories are waived unless filed and served upon the party propounding them within the time allowed for serving the succeeding cross or other interrogatories or within ten days after service of the last interrogatories. All other objections may be made at the trial except as otherwise provided by Rule 4016.(c) A copy of all interrogatories for the taking of a deposition shall be transmitted to the person designated to take the deposition, who shall promptly give notice to the witness and thereafter propound the interrogatories to the witness and complete, certify and send the deposition by registered mail to the party taking the deposition, attaching thereto the copy of the interrogatories.(d) When the deposition is received by the party taking the deposition, the party shall promptly give notice thereof to all other parties.(e) After the service of interrogatories and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, may make an order in accordance with Rule 4012, or an order that the deposition shall not be taken before the officer designated in the notice, or that it not be taken except upon oral examination.The provisions of this Rule 4004 amended November 20, 1978, effective 4/16/1979, 8 Pa.B. 3551; amended November 7, 1988, effective 1/1/1989, 18 Pa.B. 5338; amended April 12, 1999, effective 7/1/1999, 29 Pa.B. 2281.