Rule 4001 - Discovery Applications/Discovery MasterLegal issues relating to discovery applications and protective orders shall not be scheduled for regular argument court or be subject to the briefing schedule provided for in B.R.C.P. 211.2, unless the court specifically so orders. In order to facilitate the prompt disposition of discovery matters, discovery disputes may be referred by order of the assigned judge to be processed before a Master as part of the "Discovery Master Program" and shall follow the following procedure:
(a) The Board of Judges shall appoint members of the Bar who shall have practiced civil law in Berks County for a minimum of 10 years to serve as Discovery Masters, for an indeterminate term, without compensation, at the pleasure of the Court.(b) Except as provided in B.R.C.P. 4005(b) and 4012, all discovery applications shall be filed with the Prothonotary along with a proposed order scheduling the matter for disposition before a Discovery master. The proposed order shall contain a space for the Court to enter a date, time and place for a hearing on the discovery application. The Prothonotary will forward the discovery application to the assigned judge, who will promptly enter an order scheduling a hearing on the discovery application before a Discovery Master on the next scheduled Discovery Master hearing date (which shall be a Friday) that is at least fourteen (14) days after the date the discovery application was filed. If the Friday of the week in which the discovery application would otherwise be heard is a court holiday, it shall be scheduled for a hearing on the next Friday that is not a court holiday. The moving party shall promptly serve the respondent with a copy of the motion, proposed order, and argument brief, if any, filed in support of the application. The moving party must also comply with B.R.C.P. 208.2(e) by certifying that it has conferred in a good faith effort to resolve the discovery dispute, which certification must specifically describe those efforts.(c) Any party or interested third-party opposing relief sought in the application shall file with the Prothonotary a written response to the application, and if appropriate or desired an argument brief in opposition, no later than four (4) days prior to the scheduled Discovery Master hearing date. If no opposition is timely filed, the discovery application shall be deemed to be unopposed, the moving party shall be excused from appearing at the scheduled hearing, and the Discovery master shall submit a written recommendation and proposed order granting the requested relief to the assigned judge for entry of an appropriate order.(d) If the discovery application is resolved amicably prior to the scheduled hearing date, the moving party shall either file a praecipe withdrawing the application or submit a stipulated order to the assigned judge. If an opposition is timely filed, the parties shall appear in the designated courtroom or hearing room on the date and time for the scheduled hearing to provide evidence and argue the matter before the assigned Discovery Master. If not previously filed, argument briefs in support of or in opposition to the discovery application may be filed no later than four (4) days prior to the scheduled Discovery Master hearing date.(e) After hearing or argument and considering the discovery application and opposition, and any briefs filed, the Discovery Master shall submit a written recommendation and proposed order to the assigned judge for entry of an appropriate order.(f) Any party may file an application under this rule to have the case scheduled to a Discovery Management Conference before a Discovery Master. The Discovery Master may recommend a Discovery Management Order, which establishes the following: (1) A date for completion of all discovery, except for depositions for use at trial;(2) A date for plaintiff to submit expert reports and curricula vitae of said experts, or answer expert interrogatories; and(3) A date for defendant to submit expert reports and curricula vitae of said experts, or answer expert interrogatories.(g) The parties may, by agreement in writing, extend any dates set forth in the Discovery Management Order.(h) Upon request of any party, for good cause shown, the Discovery Master may recommend an extension of any dates set forth in the Discovery Management Order.Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.