In Orphan's Court cases where any or all of the parties are seeking discovery, Court approval must be obtained prior to the taking of depositions, perpetuating testimony, or compelling the production of documents. The parties should anticipate that the Court will limit discovery when it appears that the subject estate or trust will be unduly depleted by discovery related expenses.
In matters where all parties are in agreement as to discovery, a written stipulation shall be filed with the Court for its approval within a reasonable time prior to the proposed commencement of discovery. The stipulation must be signed by all parties or their counsel and must provide specific stipulations as to the nature and extent of the discovery as well as a timetable for completion of the discovery. Before entering into such discovery stipulation, the parties must consider how discovery related expenses will adversely impact the subject estate or trust and make a good faith effort to mitigate that impact.
Chest. Cnty. Ct. Comm. Plea. R. 7.1A