how does an attorney request discovery in municipal court matters in pennsylvania

by Nicholas Mayert 5 min read

Request for Discovery Welcome to the City Attorney's Office - Prosecution Division. This form will allow you to request discovery for your Municipal Court Case. You may only request discovery for a matter if you are the defendant or the attorney of record on a matter.

Full Answer

How do I request discovery in a municipal court case?

Request for Discovery Welcome to the City Attorney's Office - Prosecution Division. This form will allow you to request discovery for your Municipal Court Case. You may only request discovery for a matter if you are the defendant or the attorney of record on a matter.

Where do I file a discovery motion in Philadelphia?

The administrative office of the Discovery Court Program is located in Room 691 City Hall, Philadelphia, PA. Discovery hours are from 8:00 am through 5:00 pm. Depending on the particular civil program, discovery motions are scheduled for a hearing before a Judicial Team Leader, Coordinating Judge, or Commerce Judge.

Does the city attorney’s office – prosecution division provide discovery?

The City Attorney’s Office – Prosecution Division is now providing electronic discovery through ShareFile. When Private Attorneys and Court Appointment Counsel submit a request for discovery, they will receive an email from ShareFile requesting they setup a user account and advising them that discovery is ready for download. DVD/Video (e.g.

When does a discovery hearing have to be listed in Philadelphia?

Pursuant to Philadelphia Civil Rule *208.3, a hearing shall be listed no earlier than ten days after the date that a request for a hearing is made, except in the case of an emergency. The emergency Discovery Hearing procedures are set forth below.

How long do you have to respond to discovery in PA?

within thirty daysThe answering party shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories.

How many interrogatories are allowed in PA?

Rule 4005 - Written Interrogatories (a) No party serving written interrogatories pursuant to the applicable Pennsylvania Rules of Civil Procedure shall serve upon any other party, as of right, more than fifty (50) interrogatories including interrogatories subsidiary to, or incidental to, or dependent upon, other ...

How long can a deposition last in Pennsylvania?

Under Rule 30(d), the maximum total length of a deposition of a nonparty is four hours of oral questioning from all parties, and the maximum total length of a deposition of a party is seven hours of oral questioning from all parties.

Who can issue a subpoena in Pennsylvania?

Rule 214 - Subpoena; Issuance; Service A. Magisterial district judges may issue subpoenas throughout the Commonwealth.

How do I respond to a discovery request?

Step 1: Carefully Review All the Requests. Review each request to ensure you fully understand the question, and can answer it completely. ... Step 2: Complete Your Responses to the Interrogatories. ... Step 3: Make Photocopies. ... Step 4: Have Your Responses Served. ... Step 5: Retain Your Documents.

What is Rule #32?

Another popular entry is Rule 32—“Pics or it didn't happen”—which was also added later. While the rules of the internet are meant to be jokes, be mindful of the misogyny in some particular items.

Can you ask leading questions in a deposition Pennsylvania?

Under Pa. Rule of Evidence 611(c) the times that counsel may ask leading questions are delineated. The rule states: “Leading questions should not be used on the direct or redirect examination of a witness except as may be necessary to develop the witness' testimony.

Who can attend a deposition in Pennsylvania?

As a practical matter, the only people present at most depositions are the examiner, the deponent, deponent's counsel, other parties' counsel, the court reporter, a videographer, and an interpreter, if necessary.

How much notice do I need to give for a deposition in PA?

Code § 131.64. Section 131.64 - Notice of oral depositions (a) The notice of an oral deposition shall be served at least 20 days prior to the date scheduled for the taking of the deposition.

How far in advance must a subpoena be served in Pennsylvania?

Subpoenas for the production of documents shall be served no later than 5 work days prior to hearing.

How much does a subpoena cost in Pennsylvania?

A civil subpoena requiring testimony, court appearance, or travel must be accompanied by payment of the appropriate witness fee and round-trip mileage of $40.00 per day and $. 32 per mile for federal subpoenas, or $5.00 per day and $. 07 per mile for Pennsylvania subpoenas.

How do you domesticate a subpoena in PA?

The physical process for domesticating a subpoena in Pennsylvania (be it a subpoena to appear and testify or a subpoena to produce documents and things) generally only requires the filing of a civil cover sheet, a praecipe to domesticate, the foreign subpoena, and a listing of counsel in the foreign matter.

What is pretrial discovery?

Pretrial Discovery and Inspection. Before any disclosure or discovery can be sought under these rules by either party, counsel for the parties shall make a good faith effort to resolve all questions of discovery, and to provide information required or requested under these rules as to which there is no dispute.

How long does it take to file a motion for arraignment?

Such motion shall be made within 14 days after arraignment, unless the time for filing is extended by the court.

Is disclosure required for legal research?

Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the Commonwealth or the attorney for the defense, or members of their legal staffs. Comment.

Can the Commonwealth charge for copying pretrial discovery materials?

The attorney for the Commonwealth should not charge the defendant for the costs of copying pretrial discovery materials. However, nothing in this rule is intended to preclude the attorney for the Commonwealth, on a case-by-case basis, from requesting an order for the defendant to pay the copying costs.

When were the Deposition and Discovery Rules revised?

The 1978 amendments to the Deposition and Discovery Rules represent the culmination of a continuing and comprehensive review of the operation of the 1950 Rules and of the Federal Discovery and Deposition Rules as completely revised in 1970 .

What is the control of the deposition and discovery procedure at the viewers and arbitrators stage?

Control of the deposition and discovery procedure at the viewers’ and arbitrators’ stage will remain in the court. The viewers and arbitrators are not empowered to grant protective orders, impose sanctions or to take other action authorized by the Rules.

How long does it take to file a cross interrogatory?

First, in subdivision (a) the time period for filing cross-interrogatories is extended from ten days to thirty days and the time period for filing redirect interrogatories is extended from five days to ten days. These time periods follow the Federal Rules.

How long does it take to serve a subpoena?

(a) A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice.

How far from the courthouse is a deposition?

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 attorney’s fees, as the court shall deem proper.

When the earning capacity of a party, or of a person in the custody or under the legal control of

(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 party’s custody or legal control .

When was Rule 4001 amended?

Rule of Civil Procedure 4001 (a) was amended in 1997 to eliminate reference to discovery in the domestic relations actions of support, custody of minor children and divorce or annulment of marriage. Discovery in those actions is governed by Rule 1930.5.

What does the Discovery Court Manager do?

The Discovery Court Manager screens these motions to determine if there are any conflicts with the appropriate Case Management Order. The assigned judge will review and sign the proposed orders after the scheduled court session.

What is the Administrative Docket 04?

Administrative Docket 04 of 1998 establishes an alternative procedure for discovery motions that are uncontested or able to be resolved through agreement. Under this procedure, attorneys are no longer required to appear personally when they have discovery motion that is uncontested or that can be resolved by agreement. These motions may be presented to the Discovery Unit, Room 691 City Hall, on the day immediately preceding the scheduled hearing date. A copy of the relevant case management order along with the following letter should be attached thereto:

Can you request discovery for a matter?

You may only request discovery for a matter if you are the defendant or the attorney of record on a matter. Discovery requests will be processed as soon as practicable. Expect delays in your request. Discovery will ONLY be provided in electronic format.

Does the City Attorney's Office provide electronic discovery?

The City Attorney’s Office – Prosecution Division is now providing electronic discovery through ShareFile. When Private Attorneys and Court Appointment Counsel submit a request for discovery, they will receive an email from ShareFile requesting they setup a user account and advising them that discovery is ready for download.

What is the purpose of discovery in a lawsuit?

Discovery can be used to seek information not only from the other party to the lawsuit, but also from people and businesses ...

What is discovery in legal terms?

Learn about discovery -- the legal procedures used to gather evidence for a lawsuit. Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to ...

What happens if a deponent cannot testify?

If the deponent cannot testify at trial, the questions and answers might be read to the jury as evidence.

What is the right to privacy?

Roughly, the right to privacy protects a person from having to divulge information that is not obviously relevant to the lawsuit and is a matter that a person would not normally discuss or reveal to anyone outside of immediate family and intimate friends. This might include issues such as: health or body issues.

Why is the investigative process called discovery?

This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to at least one party to the lawsuit anyway.

What is a request for admission?

Requests for admission. In a request for admission, one party asks the other party to admit, under oath, that certain facts are true or certain documents are genuine. These requests are generally used to save time and to narrow the issues that have to be proved at trial.

What is a request for production of evidence?

Requests for production of evidence. In a request for production of evidence, one party asks the other for physical evidence related to the dispute. Requests for production are usually used to gather pertinent documents, such as contracts, employment files, billing records, or documents related to real estate.