§ 131.70. Discovery of statements of parties or witnesses.

 (a)  Upon written request, a party is entitled to receive a photostatic copy or other reproduction of a statement previously made concerning the petition or its subject matter by that party, another party or a witness.

 (b)  Upon written request, a person not a party, is entitled to receive a photostatic copy or other reproduction of a statement concerning the petition or its subject matter previously made by that person.

 (c)  This section may not apply to statements made by a party to the party’s counsel which are protected by the attorney-client privilege or which are protected as the work product of counsel.

 (d)  Failure to adhere to this section may result in the application of § §  131.13(m) and 131.61(d) and (e) (relating to continuances or postponements of hearings; and exchange of information), as appropriate.

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

Authority

   The provisions of this §  131.70 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 §  131.70 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 page (222329).



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