Defense Digest

Let's Spare Some Trees - Standard Discovery Requests In Philadelphia Arbitration Cases

Effective June 6, 2005, the Court of Common Pleas of Philadelphia County issued an Order requiring attorneys to use "standard" discovery requests in both premises liability and motor vehicle arbitration cases. This Order does not apply to non-arbitration cases. The following is a summary of the new rules.

If both parties are represented by counsel, either attorney may serve the "Notice to Answer or Respond to Standard Written Discovery." The Notice is a one-page document addressed to the attorney for the opposing party which identifies the standard discovery requests the respondent must answer. It is unnecessary for the attorney serving the Notice to attach the actual discovery requests.

The Notice may not be served until a defendant files an Answer to the Complaint. Good practice dictates that defense counsel serve the Notice along with her Answer to ensure that she complies with the new rule.

If the opposing party is unrepresented, the attorney must serve copies of the actual discovery requests on that party.

Counsel should be aware that, when she serves the opposing party with the Notice, her own client's obligation to answer discovery is triggered. Both parties have 30 days to respond to standard discovery within 30 days of service of the Notice.

The court will not entertain objections to standard discovery. If a party serves objections to standard discovery, that party may be subject to sanctions by the court.

The parties may not serve supplemental discovery requests unless all parties agree. Otherwise, any party may serve up to five additional interrogatories or document requests (including subparts) that are specifically tailored to the case and provided they do not duplicate the standard discovery.

In the event that a party receives the opposing party's discovery responses and deems them unsatisfactory, that party may file a motion in discovery court seeking approval to serve additional discovery requests. The moving party must show good cause as to why additional discovery requests are necessary to prepare the case for trial.

All documents pertaining to the new rule may be obtained from the court's website at http://courts.phila.gov or feel free to contact me directly.

*Laurianne is an associate in our Philadelphia, PA office. She can be reached at (215) 575-2715 or lfalcone@mdwcg.com.