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Rule 4001(c)*(1). Witnesses Not to be Examined at Hearings on Motions and Rules.
No witnesses will be examined at bar on the hearing of motion and rules except by order of the Court.
Rule 4005(c)*(1)(i). Introductory Statement.
Standard interrogatories in personal injury and product liability cases in forms hereinafter reproduced shall be utilized in the appropriate cases.
It is not required that all of the said interrogatories be used in every case, and it shall be the obligation of counsel to designate properly those to which answers are required.
In the ordinary case, the Court will not consider favorably objection to the standard interrogatories and parties who file such objections will be subject to sanctions including imposition of counsel fees.
If answers are not timely filed, the procedure for compelling them shall be in accordance with local practice and the appropriate Rules of Civil Procedure.
Rule 4005(c)*(1)(ii). Standard Interrogatories.
_______ by______, attorneys, propound(s) these Interrogatories pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq. These Interrogatories are addressed to you as a party to this action and your Answers shall be based upon information known to you or in the possession of you, your attorney or other representative acting on your behalf whether in preparation for litigation or otherwise.
Each of these Interrogatories must be answered fully and completely by you in writing and must be signed by you under oath before a Notary Public, or otherwise properly verified.
Pennsylvania Rule of Civil Procedure 4006 requires filing and service of your Answers on Defendant's counsel within thirty (30) days after service of these Interrogatories.
Supplements to your Answers shall be filed in accordance with Pennsylvania Rule of Civil Procedure 4007.4.
Unless otherwise indicated, the word "accident" refers to the occurrence stated in plaintiff's complaint.
You will note that an original and two copies of the Interrogatories have been served upon you. Space has been provided below each Interrogatory for your answers. If additional space is required for answers, either use the reverse side of said paper or attach an additional sheet of paper appropriately marking said Interrogatory.
(a) Your full name.
(b) Each other name, if any, which you have used or by which you have been known;
(c)The name of your spouse at the time of the accident; date and place of your marriage to such spouse.
(d) Your present residence address and the address of each other residence which you have had during the past five years.
(e) Present occupation and the name and address of your employer.
(f) Date of your birth and present age.
(g) Your Social Security number.
2. State in detail all injuries sustained by you in the accident upon which this suit is based.
3. Were you examined or treated by any person or institution as a result of the accident? ____ If so, state as to each:
(a) The name and address of any hospital where you received an examination or treatment, the dates, the nature of the treatment rendered, and the amount charged.
(b) Name and address of any person or institution which x-rayed any part of your body, the dates and the amounts charged;
(c) the name, address and professional specialty of any person who examined or treated you, the dates, the amounts charged, the persons findings.
4. As a result of the injuries you have described above, were you confined to bed or your home? ____ If so, state the dates you were confined to each.
5. Have you received any medical reports from any person or institution where you were x-rayed, examined or treated? ____ If so, attach copies of the reports to your Answers. If you have not received any medical reports from any person or institution where you were examined or treated for injuries sustained in the accident or any preexisting condition, you are requested to sign the attached "Medical Consent" form so we can obtain these reports and records. We will make available to you all reports and records obtained by use of the Consent.
6. Did you employ any nursing service since the accident'? ____ If so, state the name, address, period of employment, rate of pay and total amount paid for nursing services.
7. Do you claim absence from school at any time since the accident? ____ If so, state as to each absence:
(a) Exact dates of absence and the reasons for the absence;
(b) Name and address of the school you were attending at the time of the accident, what grade you were then in and name and address of schools attended up to the date of answering these Interrogatories;
(c) Whether you claim any impairment of your educational program, and, if so, how the program was impaired;
(d) If you are claiming the absence from school or impairment of educational program, you are requested to sign the attached "Scholastic Consent" so that we can obtain copies of your scholastic records. We will make available to you all scholastic records obtained by the use of the Consent.
8. As to each injury from which you have fully recovered, state the approximate date of such recovery.
9. Describe with particularity any pain, ailment, complaint, injury, scarring or disability you presently have as a result of the accident.
10. Are you still under treatment for injuries you allege you sustained in the accident ? ____ If so, state the full name of the person(s) treating you and the date(s) of the last visit.
11. Are you able to perform your normal daily activities?____ If not, specify in what way you are not able to perform those activities.
PREVIOUS OR SUBSEQUENT ACCIDENTS
12. Have you ever been involved in an accident of any kind before or after this accident'? ____ If so, state:
(a) Date and place of the accident;
(b) Names of the parties to the accident;
(c) Nature of the injuries you sustained.
13. Have you ever filed a lawsuit for personal injuries? ____ If so, state to Court, term and number of the suit and the date the suit was filed.
14. Have you sustained any injuries or had any disease or impairment, physical or mental, before the accident which in any way affected those parts of your body injured in this accident? ____ If so, state:
(a) Nature of such injury, disease or impairment;
(b)Name and address of any hospital, institution, doctor or other person who examined you;
(c) Dates of the treatment or examination.
15. Did this accident aggravate a pre-existing medical condition? ____ If so, state the nature of the pre-existing condition and how it was aggravated.
16. Do you claim absence or loss of earning from employment because of the accident? ____ If so, state for each employer:
(a) Name and address at the time of the accident;
(b) Nature of employment and usual duties:
(c) Dates of absence from employment;
(d) Date first returned to work following the accident;
(e) Rate of pay;
(f) Total amount of loss and how the sum was computed;
(g) Name and address of any person having knowledge of the above;
(h) Have you obtained any reports or records from your employer in regard to the loss of wages and loss of earning capacity? ____ If so, attach a copy of said records to your Answers. If you have not obtained any records, you are requested to sign the attached "Employment Records Consent" to enable us to obtain copies of your employment records. We will make available to you all records obtained by use of the Consent.
17. Do you claim any loss of earning capacity or impairment of your ability to work as a result of the accident. ____ If so, specify the nature of your claim.
18. Do you claim any loss of earnings or profits from self-employment as a result of the accident'? ____ If so, state:
(a) Address of your usual place of employment;
(b) Name under which you did business;
(c) Nature of your self-employment;
(d) Exact dates you were unable to engage in your self-employment by reason of the injuries sustained in the accident;
(e) Date you first resumed regular activity after the accident;
(f) Names and addresses of any employees hired as a result of your disability and the dates of their employment;
(g) Amount you claim as lost earnings or profits and exactly how the sum is calculated;
(h) Attach copies of all financial statements and business records upon which you claim any lost earnings or profits.
FEDERAL TAX RETURNS
Interrogatories 19, 20 and 21 are proposed only if loss of earnings or earning capacity is claimed.
19. State your gross and net income as stated in, our Federal Income Tax Returns for each of the three years immediately preceding the date of the accident and for each of the years thereafter to date.
20. Have you retained copies of your Federal Income Tax Returns for three years before the date of the accident and for each of the years thereafter to date? ____ If so, attach copies of, our Federal Income Tax Returns for those years.
21. If you have not retained copies of your Federal Income Tax Returns, you are requested to sign the attached" Request for Copy of Tax Form" to enable us to obtain copies of said records. We will make available to you all tax returns obtained by use of the Request.
OTHER FINANCIAL LOSS
22. Do you claim any other financial losses not listed above as a result of the accident'? ____ If so, list those items with detail as to kind, date and amount.
23. If married, does your spouse claim any financial or other loss as a result of the accident? ____ If so, detail the kind of loss, the dates and, if applicable, to whom money was paid.
BASIC LOSS BENEFITS
24. What is the name, address, claim number and claim representative's name of the insurance company which insured you and/or your vehicle for Basic Loss (PIP) Benefits at the time of the accident?
25. Do you know of any person(s) you believe to be an eyewitness to the accident or the events leading up to the accident'? ____ If so, as to each person, state:
(a) Name and present or last known address:
(b) Name and address of his/her present or last known employer:
(c) Exact location of person at time of the accident.
26. Do you know of any person(s) you believe has any knowledge of the conditions at the scene of the accident existing before, during or immediately after the accident other than eyewitnesses? ____ If so, as to each person, state:
(a) Name and present or last known address;
(b) Name and address of his/her present or last known employer;
(c) Exact location of person at time of the accident.
27. If not previously stated above, do you know of any person(s) you believe has knowledge of events leading up to the accident, facts pertaining to this suit, or facts of any investigation after the accident'? ____ If so, as to each person, state:
(a) Name and present or last known address;
(b) Name and address of his/her present or last known employer.
28. At the time of the accident or immediately thereafter, did you have any conversation with any person at or near the scene of the accident or did any person converse with you or in your presence relevant to the accident or injuries sustained? ____ If so, state:
(a) Name and address of each person who spoke:
(b) Words or substance of each conversation;
(c) Name and address of any person within hearing distance of the conversation.
29. State the names and addresses of all persons who it is your intention to call as witnesses at the trial of this case. (Other than expert witnesses.)
30. Have you or anyone acting on your behalf obtained from any person any report, statement, recording, memorandum or testimony, whether signed or not, and whether prepared by someone else, concerning this accident? ____ If so, attach copies to your Answers and state as to each person:
(a) Name and address of the witness or person from whom the item was obtained;
(b) Date the item was taken or made;
(c) Name and address of the person obtaining the item.
31. Have you ever made any report, statement, memorandum, recording or given testimony in writing, whether prepared by you or someone else, concerning this accident or the suit? ____ If so, attach copies at cost of interrogating party to your Answers and state:
(a) Nature and date the item was prepared;
(b)Where the item is now located if not available to you.
32. Do you know of any photos or motion pictures, plans, drawings, blueprints, sketches or diagrams made by anyone other than counsel regarding this occurrence or the location of the occurrence?____ If so, attach copies at cost of interrogating party to your Answer and state as to each item:
(a) Exact nature of the item;
(b) Date the item was made or taken:
(c) Where the item is now located if not available to you.
33. State the exact date, time and place of the accident and describe in detail how you claim the accident occurred.
34. State in detail those facts upon which you base your claim that this defendant, or any of the other defendants, were negligent as averred in your Complaint.
35. Do you allege any mechanical defects in a vehicle or traffic control caused or contributed to the accident? ____ If so, state the facts upon which you rely.
36. At the time of the accident, or immediately before, did you have any temporary or permanent impairment or restriction of vision, hearing, muscle control or other bodily functions? ____ If so, state the details thereof.
37. At the time of the accident, or within twenty-four (24) hours prior thereto, did you ingest any medication or alcoholic beverages? ____ If so, state the details thereof.
38. What are the restrictions on your operator's license?
THE REMAINING INTERROGATORIES MAY BE ASKED IF APPLICABLE
39. Did the vehicle you owned or operated at the time of the accident sustain any damage? ____ If so, state:
(a) Name and address of the registered owner;
(b) Year, manufacturer, model and serial number of the vehicle;
(c) Your relationship to the owner of the vehicle;
(d) Parts of the vehicle you allege were damaged in the accident.
40. Has the vehicle been repaired since the accident? ____ If so, state:
(a) Name and address of the repairer;
(b) Cost of repairs and by whom paid.
41. If the vehicle has not been repaired, state:
(a) Name and address of the person(s) who prepared an estimate;
(b) Amount of the estimate(s);
(c) Attach a copy of the estimate to your Answers.
42. Was the vehicle covered by collision insurance? ____ If so, state:
(a) Name, address and claim number of the insurance company;
(b) Amount paid and the amount of any deductible.
43. Are you making any other claim for damage to property or automobile rental? ____ If so, specify the nature and amount of the claim.
44. If you intend to call an expert witness at trial, state:
(a) The name and address of each such expert witness;
(b) The subject matter as to which each such expert witness is expected to
(c) The substance of the facts and opinions to which each expert is expected to
testify and a summary of the grounds for each opinion and/or attach a copy of each expert's report to your Answers to Interrogatories;
(d) The educational background, field of expertise, professional experience of each of the expert witnesses identified in your Answers above.
45. If any tests or procedures have or will be performed by any expert retained by you, your attorney, consultant, surety, indemnitor, insurer or agent in this action, whether or not you intend to call that expert witness at trial, state:
(a) The name and address of the person conducting the test, including the name of each person's employer;
(b) The educational background, field of expertise, professional experience, publications, membership in professional societies, employment experience and court appearances (including citations) of each of the expert witnesses identified in your Answers above;
(c) The location where each test or procedure was or is scheduled to be conducted;
(d) The date when each test or procedure was or is scheduled to be conducted:
(e) The result of each test or procedure completed to date:
(f) The name and address of the person currently in custody of the object tested.
(g) Attach a copy of the report of each expert identified in your Answers above.
46. Do you, your representative, attorney, consultant, surety, indemnitor, insurer or agent have or known of any facts upon which you alleged or contend that a product of the interrogating defendant, which is alleged to be involved in this action, was defective? ____ If so, state:
(a) Specifically identify the product by name, number, model, etc.;
(b) State in detail and specifically the defective condition that allegedly existed;
(c) Each and every fact upon which you contend or allege said product was defective;
(d) The name, address and job classification of all the persons known to you or to those identified in the preamble of this interrogatory who have knowledge of such facts and state what facts as to the alleged defectiveness of said product is within the knowledge or possession of each of such persons;
(e) Identify each and every writing by date and author of which you know, if there are any, which support your allegation or contention that said product was defective.
47. Do you, your representative, attorney, consultant, surety, indemnitor, insurer or agent have or know of any facts upon which you allege or contend that the interrogating defendant breached any warranty whatsoever to you or anyone else in regard to the specific product of the interrogating defendant which is allegedly involved in this action? ____ If so, please state:
(a) Each and every fact upon which you contend or allege that the interrogating defendant breached any warranties whatsoever to you or anyone else in regard to the specific product which is allegedly involved in this action;
(b) The name, address and job classification of all persons known to you or to those identified in the preamble of this interrogatory who have knowledge of such facts and state what facts as to the alleged breach of warranty is within the knowledge or possession of each of said persons;
(c) Identify each and every writing by date and author of which you know if there are any which support your allegation or contention that interrogating defendant breached any warranty.
Rule 4015*(d). Letters Rogatory-Form.
(d) Letters rogatory in the following form may be issued on the application of either party:
Court of Common Pleas of Bucks County, Pennsylvania
To the Appropriate Judicial Authority in ______________________
Whereas a certain suit is pending before us, in which A.B. is plaintiff and C.D. is defendant, and it has been suggested to us that there are witnesses residing within your jurisdiction, without whose testimony justice cannot completely be done between the said parties; we, therefore, request that, in furtherance of justice, you will, by the proper and usual process of your court, cause such witness or witnesses as shall be named or pointed out to you by the said parties, or either of them, to appear before you or some competent person by you for that purpose to be appointed and authorized, at a time and place by you to be fixed, and there to answer on their oaths or affirmations, to the several interrogatories hereunto annexed; and that you will cause their testimony to be committed to writing, and returned to us under cover duly closed and sealed, together with these presents; and we shall be ready and willing to do the same for you in a similar case when required. Witness, etc.
Rule 4019(g)(1)*(a)-*(b). Sanctions.
*(a) Any party moving to compel compliance with this chapter shall submit with its motion a form of order directing compliance within a fixed period of time, and allowing the alternative of filing a motion for hearing within 10 days of service of said order.
*(b) A subsequent motion seeking sanctions for failure to comply with an order entered under subsection *(a) of this rule shall include an order directing that the non-complying party appear for a hearing at which sanctions will be imposed. Notice of such hearing shall be given at least 10 days prior to the hearing to all counsel by regular mail and to the party against whom sanctions are to be imposed by regular mail and certified mail, return receipt requested.
Rule 4019(g)(1)*(c) Bucks County Rule of Civil Procedure
- In lieu of the procedure set forth in 4019(g)(1)(a), counsel in any civil action, excluding Family Court matters, may present any motion regarding discovery in Discovery Motions Court. The motion must comply with the requirements of Pa.R.C.P. No. 208.2, but need not include the language set forth in B.C.R.C.P. No. 4019(g)(1)(a) in its proposed order.
- Note: All actions filed in the Criminal and Orphans’ Court divisions are specifically excluded from the procedures set forth by the rule. For the purpose of this rule, “Family Court matters” are actions before the Domestic Relations Section, including actions pursuant to the Protection from Abuse Act (Pa.R.C.P. No. 1901 et seq.), actions for Support (Pa.R.C.P. No. 1910.1 et seq.), actions for Custody (Pa.R.C.P. No. 1915.1 et seq.), and actions for Divorce (Pa.R.C.P. No. 1920.1 et seq).
- Discovery Motions Court shall be held each Friday afternoon at 1:30 PM. Discovery motions may be presented to the motions judge only after a copy of the motion and the proposed order of court have been served on all counsel of record and any unrepresented party not later than the Friday preceding the intended date of presentation.
- Notice of the date, time and place of presentation must accompany the copy of the motion and the proposed order of court. Service may be made in any manner as authorized by the Pennsylvania Rules of Civil Procedure, including facsimile transmission pursuant to Pa.R.C.P. No. 440(a)(1)(ii) and/or e-mail pursuant to Pa.R.C.P. No. 205.4(g)(1), with service of the required documents to be completed no later than the Friday preceding the date of presentation. Motions seeking sanctions in the form of dismissal of an action or any claim therein, or for a financial penalty levied against a party, must be served upon the party as well as upon his or her counsel.
- The presenting party must attach to the motion a certification of compliance with this rule setting forth the date on which the motion was served on counsel, unrepresented parties, and represented parties against whom sanctions are sought, the manner of service, and that such service was made in compliance with the Rule of Civil Procedure under which it was effected.
- Prior to serving a motion and proposed order of court, the parties have an obligation to make a good faith effort to resolve their discovery dispute. The motion shall specifically identify what good faith efforts were made in an attempt to resolve the discovery dispute without court action, and shall include as attachments copies of any and all writings sent to respondent(s) which evidence such efforts. At least one such writing shall be sent by the movant to the respondent prior to filing a motion pursuant to this rule.
EXPLANATORY COMMENT: The purpose of this rule is to foster the use of Discovery Motions Court practice. At the hearing, the Motions Court Judge may in the judge’s discretion determine that the matter is too complex to handle during Motions Court and issue an appropriate order referring the matter to the judge assigned to the said case. Sufficient notice and receipt of the motion or petition and proposed order of court is required by law and fundamental fairness. Counsel desiring to take advantage of Discovery Motions Court practice must be diligent in complying with the notice requirement.
EFFECTIVE: October 1, 2010