§ 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.

 (b)  The notice of an oral deposition shall contain the following:

   (1)  The name or identity, address and occupation of the witness.

   (2)  The date, time and place of the taking of the oral deposition.

   (3)  A statement of a relevant reason for the taking of the oral deposition.

   (4)  The following legend:

 Notice to Parties and/or Witness:

  You may object to this oral deposition by mailing or delivering a letter listing your objections to (name and address of party scheduling deposition) at least 10 days before (date of deposition).

 (c)  The notice of an oral deposition shall be served by the party scheduling the deposition upon each witness to be deposed, counsel of record, unrepresented parties and the judge.

 (d)  Subsections (a)—(c) supersede 1 Pa. Code § §  33.33 and 35.145—35.152.

Authority

   The provisions of this §  131.64 amended under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P. S. § §  710 and 991(a) and (c)); section 2205 of The Administrative Code of 1929 (71 P. S. §  565); and section 414 of The Pennsylvania Occupational Disease Act (77 P. S. §  1514).

Source

   The provisions of this §  131.64 adopted March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043. Immediately preceding text appears at serial pages (261798) to (261799).

Notes of Decisions

   Hearsay

   The Workmen’s Compensation Appeal Board’s order terminating compensation benefits is reversed where employer’s hearsay evidence of medical report was not corroborated by other competent evidence such as live testimony or the deposition of the medical expert, even though the report was admitted without objection and claimant failed to appear at the hearing. Tynan v. Workmen’s Compensation Appeal Board, 639 A.2d 856 (Pa. Cmwlth. 1994); appeal denied 653 A.2d 1236 (Pa. 1994).

Cross References

   This section cited in 34 Pa. Code §  131.66 (relating to admissibility of oral depositions); and 34 Pa. Code §  131.68 (relating to discovery of records).



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