Wash. Cnty. Pa. 4007.1

As amended through June 1, 2022
Rule 4007.1 - Deposition By Oral Examination. Notice. Place Of Depositions
(a)Notice. As a general rule, fourteen (14) days in advance of the contemplated taking of a deposition shall constitute reasonable notice of the taking of a deposition of a party, but this will vary according to the complexity of the contemplated testimony and the urgency of taking the deposition of a party at a particular time and place.
(1) An application by a party to shorten the time limit for notice or to seek a protective order for a properly advanced notice must be made by motion before the Court.
(b)Place of Depositions. Unless otherwise agreed to by the parties or ordered by the Court, all depositions in a civil action filed in the Court of Common Pleas of Washington County, shall be held in Washington County.
(c) Whenever depositions are expected to be introduced into evidence, counsel shall, before the pre-trial conference or if same are not then available before the day of trial, review such depositions and (1) extract therefrom a short statement of the qualifications of any expert witness to read to the jury, (2) eliminate unnecessary and/or irrelevant matters, and (3) eliminate all objections and statements of counsel to avoid reading same to a jury. In the event counsel, or a party if unrepresented, are unable to agree on what shall be eliminated, they shall submit to the Court for a ruling thereon before the date of trial. Failure to do so will constitute a waiver of objections.
(d) In all non-jury trials, counsel, or a party if unrepresented, shall attach to any deposition a summary of the examination of the testimony of each witness, thereby pointing out the salient points to be noted by the Court.
(e)Conduct of Depositions. This rule shall govern certain conduct in depositions taken in a civil action filed in the judicial district. Prior to the commencement of any deposition, this rule shall be provided to every witness so that he or she understands the parameters of permissible testimony and may have the opportunity to question his or her counsel regarding same.
(1) At the commencement of the deposition, the witness shall be instructed to ask deposing counsel, rather than counsel for the witness, for clarifications, definitions, or the explanations of any words, questions, or documents presented during the course of the deposition.
(2) All objections, except those that would be waived at trial if not made, those necessary to assert a privilege, or to present a motion pursuant to Pa.R.C.P. 4011, shall not be waived. Counsel, or a party if unrepresented, may assert non-waivable objections before the Court in the form of an appropriate motion prior to trial.
(3) An objection shall be stated concisely in a non-argumentative and non-suggestive manner.
(4) Counsel shall not direct or request that a witness not answer a question, unless that counsel has objected to the question on the ground that the answer is protected by a privilege or a limitation on evidence as already set forth by statute, rule of court, or order of court.
(5) Counsel and the deponent shall not engage in private, off-the-record conferences, except for the purpose of deciding whether to assert a privilege. Any conference shall be a proper subject for inquiry by deposing counsel to ascertain the subject of the conference and if the witness has been coached.
(i) Counsel for the deponent shall note the occurrence and duration of any conference on the record, and must describe the purpose and outcome of the conference.
(f) Any party, or counsel for a party, who fails to adhere to this rule may on motion of a party, or the Court sua sponte, be subject to sanctions as set forth in Pa.R.C.P. 4019, including, but not limited to, an award of reasonable costs, expenses, and attorney fees.

Wash. Cnty. Pa. 4007.1

Amended effective 1/1/2022