Immediately preceding text appears at serial pages (303597) to (303600). 4175; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. A defending party may serve a request on the plaintiff at any time after the action is commenced. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. 28. (4)the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. R.Civ.P. Where leave of court is required, application for leave is required in each individual proceeding. Physical and Mental Examination of Persons. They make the following changes in present practice: (1)When depositions are to be taken within the United States or a territory or insular possession, the list of persons authorized to take the deposition is increased by adding a person appointed by the court in which the action is pending. Scott, but to FC executive Raj Shah. Objections to the manner of preparation or the correctness of the transcript are waived unless they are filed in writing with the court promptly after the grounds of objection become known or could have been discovered with reasonable diligence. In subdivision (b) the time period for filing objections to the form of interrogatories is extended from five days to ten days. 1921; amended August 4, 1998, effective January 1, 1999, 28 Pa.B. (a)Objection to taking a deposition because of the disqualification of the person before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. The provisions of this Rule 4009.24 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. It would introduce collateral issues. The amended Rule radically changes the prior practice as to discovery of documents, reports and tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that partys representative, including his attorney, consultant, surety, indemnitor, insurer or agent. 2281; amended January 27, 2003, effective immediately, 33 Pa.B. (c)When the testimony is fully transcribed a copy of the deposition with the original signature page shall be submitted to the witness for inspection and signing and shall be read to or by the witness and shall be signed by the witness, unless the inspection, reading and signing are waived by the witness and by all parties who attended the taking of the deposition, or the witness is ill or cannot be found or refuses to sign. This similarly puts the burden on the inquirer to move for dismissal of the objection and a direction that the interrogatory be answered. State Regulations Compare (a) A party or witness may object to the oral deposition by serving, at least 10 days prior to the scheduled date of the oral deposition, a written notice upon the party who has scheduled the oral deposition, counsel of record, unrepresented parties and the judge. It is adapted from prior Rule 4005(c). The requirement of a stay order to protect against abusive discovery should not be an excessive burden on the parties, nor should the courts be swamped with applications for a stay. The Pennsylvania Code website reflects the Pennsylvania Code
26(b) to restrict discovery to matters relevant to the issues rather than relevant to the subject matter. It has been suggested that the proposal for amendment would prevent fishing expeditions. 2281. The reference was eliminated because there was no reason to call out this one form of traditional discovery among many. 7101, prohibits the use of statements obtained from an injured person within fifteen days of admission to a hospital or sanitarium, unless he acknowledges before an independent notary public his willingness to give the statement. 11; amended April 8, 2008, effective July 1, 2008, 38 Pa.B. Similarly, if the second step procedure is unsuccessful and no award is made, subdivision (g)(2) authorizes the court to impose expenses including counsel fees on the moving party unless the court finds that the making of the second step motion was substantially justified or that other circumstances make an award of expenses unjust. The provisions of former subdivision (c), dealing with notice, are enlarged in Rule 4007.1. The provisions of this Rule 4010 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. Pennsylvania was one of the first states to authorize videotape depositions. The other experts may talk about real estate values, actuarial formulas, exploding bottles, concrete construction, security values, fire alarm systems, defective steering assemblies, false signatures, urban planning, defective heating systems, ballistics and the endless list of topics which can be the focus of expertise in litigation. (1)Any party may have a video deposition recorded simultaneously by stenographic means as provided by this chapter. No major change is made in principle. It is implicit in the Federal Rule. This follows the practice under prior Rule 4007(b). First, to designate specifically the actions and proceedings subject to the Rules. Nothing in Rule 1042.26 et seq. 2732; amended March 19, 1999, effective July 1, 1999, 29 Pa.B. (a).) There may be exceptional circumstances where the second step will fail. Multiple petitions, answers, briefs and hearings would be required in practically every case. The organization is then required to name one or more of its officers, directors, or managing agents, or other person who consents to appear as the person to be examined. Immediately preceding text appears at serial pages (255403) to (255405). 7348 (November 26, 2022). Actually, this makes no change in present practice. The opinion, even though it may have been sought in anticipation of possible future litigation, is not protected against discovery. 1921; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. 1921. These rules do not preclude (1)the issuance under Rule 234.1 et seq. There are, however, situations under the Rule where the legal opinion of an attorney becomes a relevant issue in an action; for example, an action for malicious prosecution or abuse of process where the defense is based on a good faith reliance on a legal opinion of counsel. Immediately preceding text appears at serial pages (302589) to (302590) and (262135) to (262136). (a)The written notice of intent to serve a subpoena required by Rule 4009.21(a) shall be substantially in the following form: NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCEDOCUMENTS AND THINGS FOR DISCOVERY PURSUANTTO RULE 4009.21. Note that if an objection to a deposition notice is made on the last possible day, the objecting party must serve the objection by personal service. The court may, in lieu of these orders, determine that final disposition of the request be made at a pre-trial conference or at a designated time prior to trial. (c)Subject to the provisions of this chapter, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes. Subpoena Upon a Person Not a Party for Production of Documents and Things. We can anticipate an equally small use in Pennsylvania. objection to deposition notice california deadline. [Rescinded]. P. 26(b)(1)), so that relevant questions . 9; amended September 20, 2007, effective November 1, 2007, 37 Pa.B. The amendments to Rule 4005 make a number of stylistic changes, and three important changes of substance. (f)If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and because of such failure the witness does not attend, and if another party attends in person or by attorney expecting the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by such other party and his or her attorney in so attending, including attorneys fees. Federal source material is identified in the detailed discussion of the amendments which follows. The provisions of this Rule 4001 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. Immediately preceding text appears at serial pages (228844) to (228845). The representatives of a party other than the partys attorney are protected from disclosure of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. Opinions and Contentions. Answers to Written Interrogatories by a Party. 1921. 1921; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. notice. The court may for cause shown enlarge or shorten the time for taking the deposition and for notice of taking the deposition. (b)Objections to the competency of a witness or to the competency, relevancy, or materiality of the testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which was known to the objecting party and which might have been obviated or removed if made at that time. Nos. This was previously permitted only as to notice of oral depositions under Rule 4007(c) and written interrogatories to a party under Rule 4005(a). If it develops that the designated persons reveal others whose testimony may be relevant, they can also be deposed. (b)The notice shall conform with the requirements of subdivision (c) of this rule and of Rule 4007.2(b) and (c) where appropriate and shall state 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 the deponent or the particular class or group to which the deponent belongs. Trial Preparation Material. 7348 (November 26, 2022). 30(b)(6) and 31(a) and permits a party to name a corporation, partnership, association, or governmental agency as the deponent and to designate the matter on which the opponent requests examination. 1814. Here the jury or the court will see the witness and can observe his demeanor. The office shall be that designated by the court under Rule 1018.1(c). 3574. Rules of Notice A. The reference to the consent to testify is limited to persons other than officers, directors or managing agents. R.Civ.P. 1 Dominion omits counsel's form objections from any deposition quotations in this brief. Response [D.E. R. Civ.P. (a)A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party. See Rule 234.1 et seq. No discovery, including discovery of electronically stored information, shall be permitted which. (5)the name and address of the video operator and of his or her employer. (d)All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. of a subpoena or request for the production of documents or things at a deposition pursuant to Rule 4007.1(d) or (2) an independent action against a person not a party for production of documents or things. The advantages of retaining the present Rule numbers as closely as possible far outweigh any benefits of a so-called functional rearrangement which would require a complete new numbering system. (2)A party or an expert witness is under a duty seasonably to amend a prior response if he or she obtains information upon the basis of which he or she knows, (i)the response was incorrect when made, or. If so, the procedure under that Convention may be useful. Subdivision (j) is former subdivision (g) with only a minor stylistic change. Specifically, section 2025.410 states that the party served with the defective notice of deposition waives the defect unless that party serves a written objection at least three (3) calendar days prior to the date the deposition is scheduled. For purposes of this rule, a statement previously made is, (1)a written statement signed or otherwise adopted or approved by the person making it, or. 3551; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. THE MOTION ATTACHED TO THIS NOTICE ASKS THE COURT FOR AN ORDER ALLOWING THE ENTRY INTO YOUR PROPERTY. Scope of Discovery. The burden is placed on the requesting party to move for a determination of the sufficiency of the objection. A limitation on the terms and conditions of the deposition. This is not a matter limited to protective orders; it cuts across the whole field of obstructive and dilatory tactics to frustrate discovery. No. If a party, in his answer to interrogatories, states that he has not yet retained his experts, he is under a duty to supplement his answer as provided by Rule 4007.4(1). The provisions of this Rule 4007.4 adopted November 20, 1078, effective April 16, 1979, 8 Pa.B. Right to Take Depositions. This follows Fed. This will help facilitate agreements as to their accuracy for use at trial and prevent surprise. If the failure to disclose his identity was the result of extenuating circumstances beyond the control of the defaulting party, the court may grant a continuance or other appropriate relief. (2)(a)When the mental or physical condition of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by an examiner or to produce for examination the person in the partys custody or legal control. This will be a hollow benefit if the testimony of an important witness is irrevocably lost. 1921; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. bmw m140i canada . 3687; amended December 14, 1989, effective January 1, 1990, 20 Pa.B. No part of the information on this site may be reproduced for profit or sold for profit. This follows Fed. They delete subdivision (d) limiting the discovery of trial preparation material, and subdivision (f) forbidding any discovery which would require a deponent, whether or not a party, to give an opinion as an expert witness over his objection. As stated by the draftsmen of the amendments to the Federal Rules, these provisions reduce the difficulties previously encountered in determining, prior to the submission of written interrogatories or the taking of a deposition, the identity of the proper person to testify. Immediately preceding text appears at serial pages (234015) and (209481) to (209482). (2)the name and address of the person whose deposition is to be taken. These rules do not prevent a court from entering an order under its common law power preserving or protecting property. By Court Order only. 8 of the American Bar Association (2004) establishes a guideline for the use of contention interrogatories. It provides that the purpose of the deposition and the matters to be inquired into need not be stated in the notice, except in the relatively infrequent case where the action has been commenced by a writ of summons and the plaintiff desires to take a deposition upon oral examination for the purpose of preparing a complaint. (6)The time periods for answer are extended to 30 days after service of the interrogatories to conform to the time period of the Federal Rule. Pennsylvania Rules of Civil Procedure. Timely filing was imprecise as to time and the fixed 48-hour period failed to reach critical situations in the case of going or aged witnesses. Rule 4007.2(a) has been amended to delete the reference to Rule 4001(a). The provisions of this Rule 4009.25 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. (1)identify all documents or things produced or made available; (2)identify all documents or things not produced or made available because of the objection that they are not within the scope of permissible discovery under Rule 4003.2 through Rule 4003.6 inclusive and Rule 4011(c). (1)The restriction in the prior Rule to adverse parties is deleted. If the space is inadequate, he may retype the interrogatories or he may use a supplemental sheet for the remainder of his response. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under 18.64 (b) (6) or 18.65 (a) (4). 26(b)(2). Because a deposition is sworn testimony, it can be used to. Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. (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. Trial preparation material, including statements of witnesses whether taken by a lawyer or investigator, will now be fully discoverable, except that the mental impressions of a partys attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories are protected from discovery. Subdivision (c) remains unchanged except for the addition of a catch-all subsection (5). (3)Subdivision (b)(1) gives the party against whom the order is issued the right to require the examining physician to give him a report of the results of all tests made and his diagnoses and conclusions, including like reports of all earlier examinations of the same condition to which the examining physician may have had access. (i)A witness whose identity has not been revealed as provided in this chapter shall not be permitted to testify on behalf of the defaulting party at the trial of the action. Procedure on Depositions by Written Interrogatories. Procedure in Deposition by Oral Examination. Rule 4007.1 - Procedure in Deposition by Oral Examination (a) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action, except that no notice need be given a defendant who was served by publication and has not appeared in the action. Second, subdivision (a) is further amended by adding a new subparagraph (2) providing for a notice identifying the officer, the time and place, and the name and address of each witness. Rule 4003.4 resolves a problem not covered in the prior practice, and which has troubled the courts. The party who has not yet been served with a complaint may in some instances not be aware of the nature of the action and thus be totally unprepared to submit to oral examination. Ex.668. List of Proper Deposition Objections Tuesday, February 23, 2021 A deposition is a powerful litigation tool for several reasons. While the court may not exclude the evidence for this reason, its value or weight may be affected by the method of taking or recording the testimony. Immediately preceding text appears at serial page (16021). Third, to provide at the outset as does amended Fed. 5374. [Citations omitted.]. They do not include the situations regulated in subdivisions (a), (b) and (c), which cover the more common situations of interrogatories and answers, oral depositions on notice, production of documents and things and physical and mental examinations. (h)If the filing of a motion or making of an application under this chapter is for the purpose of delay or in bad faith, the court may impose on the party making the motion or application the reasonable costs, including attorneys fees, actually incurred by the opposing party by reason of such delay or bad faith. 5506. If the deposition is not signed by the witness within thirty days of its submission to the witness, the person before whom the deposition was taken shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. (2)a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. The viewers proceedings were the discovery proceedings. "Asked and answered" is a standard objection during depositions when the deponent is repeatedly asked a question they have answered. (f)An application for an order pursuant to Section 5326(a) of the Judicial Code may be filed only in the county in which the person who is the subject of the order resides, is employed or regularly transacts business in person. Also, assignment to an individual judge who would regulate the entire course of the discovery proceedings, especially in large and complex cases, could help prevent dilatory, burdensome or oppressive conduct. If any of the proposals of the American Bar Association should ultimately be adopted as amendments to the Federal Rules and found appropriate to Pennsylvania practice, further amendments to these Rules can easily be made. Rule 1809(b) similarly provides that on a de novo appeal to the Common Pleas Court from a Health Care Arbitration Panel the deposition of any medical witness offered during arbitration shall be admissible whether or not the witness is available at trial on the appeal. If a deposition is to be taken by oral examination more than one hundred miles from the courthouse, the court upon motion may make an order requiring the payment of reasonable expenses, including attorneys fees, as the court shall deem proper. All of the foregoing discussion relates to the expert expected to be called at the trial. Download File Sample Objections To Request For Production Of Uments Pdf File Free Model Rules of Professional Conduct Michigan Court Rules Objections Order Denying Nrdc's Objections and Requests for Hearing - Carbaryl, Us Environmental Protection Agency Regulation, 2018Deposition Objections California Trial He could have taken his deposition before trial. Any admission by a party under this rule is for the purpose of the pending action only and is not an admission by the party for any other purpose nor may it be used against the party in any other proceeding. R. Civ. Form. 5949, provides, with specified exceptions, that all mediation communications and mediation documents are privileged. When the length of the deposition requires the use of more than one videotape, the end of the videotape and the beginning of each succeeding videotape shall be announced on camera by the operator. This new subparagraph (2) also incorporates by reference the provisions of new Rule 4007.1(e). 2023 as the deadline for objections; and (4) approved Strategic . Also, the difference in the amounts involved in federal cases and in state cases had an important effect twenty-five years ago. The special procedures listed above will not be applicable. (b)(1)If requested by the party against whom an order is made under this rule or the person examined, the party causing the examination to be made shall deliver to the requesting party or person a copy of a detailed written report of the examiner setting out the examiners findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. 5506. At that point, the party on whom the interrogatories are served should have the information necessary to give specific, useful responses. The inquirer may be well advised to conduct his discovery broadly, by paraphrasing the language of 4003.5(a), which will require the expert to state all his opinions and grounds, thus preventing surprise testimony at trial concerning grounds never raised during the discovery. (d)(1)If the person to be examined is a party, the notice may include a request made in compliance with Rule 4009.1 et seq., for the production of documents and tangible things at the taking of the deposition. R.Civ.P. To avail itself of the apex-deposition doctrine, the party opposing the deposition generally must show that (1) the witness lacks unique, first-hand knowledge of the facts at issue and (2) other, less intrusive means of discovery have not been exhausted. B. If the expert is not expected to be called at the trial, the situation is quite different. The prior Rule has been completely rewritten to incorporate substantial parts of Fed. No statutes or acts will be found at this website. For general provisions governing entry upon property, see Rule 4009.31. (h)At a trial or hearing that part of the audio portion of a video deposition which is offered in evidence and admitted, or which is excluded on objection, shall be transcribed in the same manner as the testimony of other witnesses. (a) As to Notice. R. Civ.P. 35(b)(2). Tenth, the time periods prescribed by the prior Rule for the doing of any act are revised to conform to those prescribed by the Federal Rules. First, the word adverse has been deleted to permit interrogatories to be addressed to any other party to the action, whether or not adverse to the inquiring party. (a)When the earning capacity of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to an evaluation by a suitably licensed or certified evaluator or to produce for evaluation the person in the partys custody or legal control. RULE 4:16-4 - Effect of Errors and Irregularities in Depositions. Ordinarily, each page of a document should receive a separate number. Any such situation will have to be handled by the courts ad hoc, under the general principles of litigation in forma pauperis. The provisions of this Rule 4025 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. If a person who has knowledge of the facts is not an officer, director or managing agent but is an employe and he refuses his consent, discovery may be used to ascertain his identity and he may thereafter be subpoenaed to appear. A witness will now be entitled, merely upon request, to receive a copy of his own statement from the party in possession of it, and a party will now be entitled to a copy of his own statement plus copies of all statements of all witnesses in the possession of an adverse party. Reference is made in the commentary to Rule 4003 of a possible ambiguity in the availability of sanctions under the prior Rule for failure of a party to appear for a deposition taken on a petition, motion or rule. The Rule provides no special procedures in this instance. Under it, a simple request to a party to produce documents is sufficient. 3551; rescinded April 7, 1997, effective July 1, 1997, 27 Pa.B. First, they enlarge the rights of the parties by permitting them to agree to modify the procedures for discovery as well as for the taking of depositions. (B)the provisions of subdivision (a)(4) of this rule. Courts may appear or deposition objections to notice RULE 30B6 SHOULD REQUIRE AT LEAST 30 DAYS' NOTICE IN ORDER TO ENSURE PROPER PREPARATION AND THE DEPOSITION SHOULD BE SCHEDULED AT A TIME AND DATE AGREEABLE TO BOTH PARTIES A Reasonable Notice Is at Least 30 Days Prior to Deposition. Carlson and his team gave advance notice of the appearance not only to. Most counties also provide for emergency judges assigned for weekends and holidays, so that no major changes in administrative machinery should be required. (b)The answer shall be in the form of a paragraph-by-paragraph response which shall. Subdivision (b) provides that a denial shall fairly meet the substance of the requested admission and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. Sanction Rule 4019(d), which is specially mentioned in subdivision (b), provides that if, at trial, a party is required to prove that which should have been admitted, the expenses, including counsel fees, of proving such matters may be imposed upon the respondent unless the admission was of no substantial importance, or the request could have been held objectionable, or the respondent reasonably believed he could prevail at trial on the issue, or there was other good reason for the failure to admit. Rule 4011(f), which had protected a deponent, whether or not a party, from giving an opinion as an expert witness over his objection, has been rescinded. Any party filing preliminary objections pursuant to Pa.R.C.P. The provisions of this Rule 4007 rescinded November 20, 1978, effective April 16, 1979, 8 Pa.B. 35(b)(3) as amended in 1970. The provisions of this Rule 4017 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 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Court pennsylvania objection to notice of deposition required, application for leave is required, application for leave is required application... Request to a party to produce documents is sufficient Rule 4017 amended November 7, 1997 27... Acts will be found at this website of interrogatories is extended from five days to ten days and of response! Required in practically every case Rule provides no special procedures listed above will be! Parties is deleted ORDER ALLOWING the ENTRY INTO YOUR property by the will... ( 303597 ) to ( 255405 ) and proceedings subject to the consent testify... Future litigation, is not expected to be called at the trial, the party on whom interrogatories! Amended November 20, 1978, effective July 1, 1999, 29.. 3687 ; amended April 8, 2008, effective April 16, 1979, Pa.B... At this website circumstances where the second step will fail it develops that the interrogatory answered... January 27, 2003, effective January 1, 1999, effective April 16, 1979, 8 Pa.B August... Enlarge or shorten the time period for filing objections to the form interrogatories. ; s form objections from any deposition quotations in this instance, so that relevant questions may 14,,! Interrogatories is extended from five days to ten days is required in practically every case also! Preceding text appears at serial pages ( 234015 ) and ( 209481 ) to ( 209482 ) (. Errors and Irregularities in depositions administrative machinery should be required in each individual proceeding video operator and of or!, even though it may have been sought in anticipation of possible future litigation is. 1 ) any party may serve a request on the terms and conditions of the Person whose deposition is testimony... Direction that the interrogatory be answered ( 2 ) the time for taking the deposition for! 19, 1999, 29 Pa.B amended August 4, 1998, effective July 1, 1999, Pa.B! Leave of court is required, application for leave is required in practically every case or will! For Production of documents and Things an ORDER ALLOWING the ENTRY INTO YOUR.! May have been sought in anticipation of possible future litigation, is not a matter limited to persons other officers! 4175 ; amended January 27, 2003 pennsylvania objection to notice of deposition effective July 1, 1999, 29.! The whole field of obstructive and dilatory tactics to frustrate discovery in 1970 1989, effective April,...
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