Rule Text
(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.
(b) The written notice shall not be given to the person named in the subpoena.
(c) Any party may object to the subpoena by filing of record written objections and serving a copy of the objections upon every other party to the action.
(d) (1) If objections are received by the party intending to serve the subpoena prior to its service, the subpoena shall not be served. The court upon motion shall rule upon the objections and enter an appropriate order.
Amendment history: The provisions of this Rule 4009.21 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended August 4, 1998, effective January 1, 1999, 28 Pa.B. 4175; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial pages (303602) and (247877).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you want to get documents or other items from someone who is not directly involved in your lawsuit, you have to tell the other parties in the case first. You must send them written notice at least 20 days before you plan to serve the subpoena, and you need to include a copy of the subpoena you plan to use. This gives everyone else in the case a chance to review what you're asking for.
You are not allowed to send this notice to the person or business you're trying to get records from. The notice only goes to the other parties in your lawsuit.
If another party disagrees with the subpoena, they can object. To do this, they must file their objection with the court and send a copy to everyone else in the case. If they raise an objection before the subpoena gets served, you cannot serve it yet. Instead, someone has to ask the court to step in, and a judge will decide whether the subpoena can move forward.
Committee Notes
For the form of the written notice, see Rule 4009.24(a).
These rules do not preclude (1) the issuance under Rule 234.1 et. seq. of a subpoena or request for the production of documents or things at a deposition pursuant to Rule 4007.1(d) or (2) an independent action against a person not a party for production of documents or things.
For the form of the objections, see Rule 4009.24(b).
The requirement of filing with the prothonotary the objections under this rule and the certificate under Rule 4009.23(a) provides a more formal procedure for the participation of a person not a party in the discovery process.
Subdivision (a) of this rule provides a twenty-day notice period during which a subpoena may not be served.
(2) If objections are not received as provided in paragraph (1), the subpoena may be served subject to the right of any party or interested person to seek a protective order.
Rule 4009.22(a) requires the filing of a certificate as a prerequisite to service.
See Rule 4009.1 regarding electronically stored information.
