§ 131.65. Objections to taking of oral depositions.

 (a)  A party or witness may object to the oral deposition by serving, at least 10 days prior to the scheduled date of the oral deposition, a written notice upon the party who has scheduled the oral deposition, counsel of record, unrepresented parties and the judge. The objections shall state the specific reason supporting the objections. The objections shall stay the deposition until it is ordered to be held by the judge.

 (b)  A party or witness may request a ruling on objections by filing a written request with the judge, which shall be accompanied by a copy of the notice of an oral deposition, any subpoena and the objections lodged as required by subsection (a). The requesting party shall serve a copy of the request for ruling on counsel of record, unrepresented parties and the objecting witnesses.

 (c)  Upon receipt of a request for ruling, as specified in subsection (b), the judge will, after giving parties and objecting witnesses notice and opportunity to be heard by written submission, in person, or by telephone conference, as the judge may direct, rule on the objections within 5 business days after the parties and objecting witnesses are heard.

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

Authority

   The provisions of this §  131.65 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 §  131.65 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 (261799) to (261800).

Notes of Decisions

   Insufficient Evidence

   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).

   Waiver of Rules

   Because parties act in reliance of various time limitations in the rules, it was error to retroactively modify the time requests of §  131.65 of the Special Rules without agreement of all parties. Plaugher v. Workers’ Compensation Appeal Board, 814 A.2d 1278 (Pa. Cmwlth. 2003).

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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