Rule *4003.6 - Discovery and Pre-Trial Procedures in Asbestos CasesIn asbestos cases, the following procedures shall apply:
(A)Lists of Witnesses. A list of the names and current addresses of all fact and expert witnesses intended to be called at trial, other than product identification witnesses, shall be served by counsel for each party upon counsel for all other parties on or before the day that the case first appears in the top fifty cases on the trial list. Liability and damages witnesses shall be designated separately on each list. Any person whose name and address has not been so disclosed shall be precluded from testifying in any party's case in chief unless allowed by the Trial Judge upon timely notice to all counsel upon a showing of good cause for the absence of prior identification and a finding that no prejudice has resulted therefrom.(B)Requests for Admissions.(1) Any party may serve requests for admissions directed to any other party on or before the day that the case first appears in the top fifty (50) cases on the trial list.(2) Within twenty (20) days after service of such a request, each party to whom it is directed shall serve a response in accordance with Pa.R.C.P. 4014. A party shall not deny the truth of a statement in such a request on the ground that it is only partly true; instead, such party must state to what extent it admits the statement and then may deny or qualify the rest.(3) If a party denies a statement on a basis other than for lack of knowledge or information, the denial must be accompanied by a full disclosure of the information tending to support the denial, including the names and addresses of all witnesses having such information.(4) If a party denies a statement on the basis of lack of knowledge or information after reasonable inquiry, the denial must describe the inquiry made and the results derived therefrom (to the extent that they are responsive to the request).(C)Medical Examinations. All medical examinations or re-examinations on behalf of the plaintiff or any defendant for purposes of testimony concerning the physical condition of the plaintiff shall be completed on or before the day that the case first appears in the top one hundred cases on the trial list. On or before the day that the case first appears in the top fifty (50) cases on the trial list, copies of the report of the examination shall be served upon counsel for all parties, in default of which the party who procured the examination may be precluded from introducing any testimony concerning it at trial.(D)Deposition Deadline. All depositions for discovery shall be completed on or before the day that the case first appears in the top twenty (20) cases on the trial list.(E)Product Identification Witnesses. When a case first appears in the top fifty (50) cases in the trial pool, counsel shall deliver to counsel for all other parties a list specifically identifying the defendants and the products of such defendants for which evidence of alleged liability will be offered at trial. Counsel for the plaintiff may reference a standard list of product identification witnesses filed under the General Asbestos Pleading Numbers, but shall narrow the list down to a reasonable number of witnesses for the particular case.(F)Motions. Any motion in limine or other motion or motion which may affect the conduct or the substance of the trial, including any question concerning the admissibility of any anticipated evidence or testimony, shall be filed in Motion Court under Philadelphia Civil Rule *208.3(b)(3) for assignment to the Asbestos Motion Judge. However, motions in cases appearing in the top ten cases on the trial list, other than motions for summary judgment, shall be submitted to the Asbestos Calendar Judge at the weekly call of the list.(G)Deposition Designations. Counsel for all parties shall exchange written lists of deposition designations and counter designations in advance of trial. If a deposition was taken in some proceeding other than the case in which it is intended to be used, the designations shall include the caption of the proceeding in which it was taken and shall specify each party against whom the deposition will be used. If less than an entire deposition is intended to be introduced at trial, the designation shall specify the pages and lines which will be offered into evidence.(H)Trial Memoranda. Trial memoranda, any memoranda of law dealing with anticipated legal issues, and preliminary requested points for charge may be submitted to the Trial Judge not later than at the commencement of the trial. Original order dated December 19, 1986 in In Re: Asbestos Litigation, October Term, 1986, Nos. 0001 and 0002; amended May 20, 2004, effective 7/26/2004.