§ 41.123. Signing of disclosures, discovery requests, responses and objections.

 (a)  Every disclosure shall be signed by at least one attorney of record in the attorney’s individual name, whose address shall be stated. An unrepresented party shall sign the disclosure and state the party’s address. The signature of the attorney or party constitutes a certification that to the best of the signer’s knowledge, information, and belief, formed after a reasonable inquiry, the disclosure is complete and correct as of the time it is made.

 (b)  Every discovery request, response or objection made by a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name, whose address shall be stated. An unrepresented party shall sign the request, response, or objection and state the signer’s address.

 (c)  The signature of the attorney or party constitutes a certification that to the best of the signer’s knowledge, information and belief, formed after a reasonable inquiry, the request, response or objection is:

   (1)  Consistent with this chapter and warranted by existing law or a good faith argument for the extension, modification or reversal of existing law.

   (2)  Not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

   (3)  Not unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation.

 (d)  If a request, response or objection is not signed, it will be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response or objection, and a party will not be obligated to take action with respect to it until it is signed.

 (e)  If without substantial justification a certification is made in violation of this section, the Bureau, upon motion or upon its own initiative, will impose upon the individual who made the certification, the party on whose behalf the disclosure, request, response or objection is made, or both, an appropriate sanction, which may include an order to pay the amount of the reasonable expenses incurred because of the violation, including reasonable attorney fees.

Cross References

   This section cited in 55 Pa. Code §  41.92 (relating to expedited disposition procedure for certain appeals).



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