Rule Text
No discovery, including discovery of electronically stored information, shall be permitted which
(a) is sought in bad faith;
(b) would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party;
(c) is beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6;
(d) is prohibited by any law barring disclosure of mediation communications and mediation documents; or
(e) would require the making of an unreasonable investigation by the deponent or any party or witness.
Amendment history: The provisions of this Rule 4011 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1443; amended August 20, 2004, effective October 1, 2004, 34 Pa.B. 4881; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial page (305444).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
During a lawsuit, both sides can ask for information and documents from each other. But there are limits on what they can ask for, and this rule explains those limits.
A court will stop a discovery request if it is made in bad faith, meaning someone is just trying to cause trouble rather than find useful information. Requests are also not allowed if they would cause unreasonable embarrassment, stress, or costs to the person being asked. The request also has to stay within the normal boundaries of what discovery allows under Pennsylvania's other rules.
Two other situations can block a discovery request. First, anything said or written during mediation is protected and cannot be asked for. Second, if a request would force someone to do an unreasonable amount of work or investigation just to answer it, the court can shut it down.
Committee Notes
Section 5949 of the Judicial Code, 43 Pa.C.S. § 5949, provides, with specified exceptions, that all mediation communications and mediation documents are privileged. See Section 5949(c) for definitions of mediation communication and mediation document.
As with all other discovery rules, this rule governs electronically stored information. See the explanatory comment preceding Rule 4009.1.
The amendments, as already pointed out, make two important changes in present Rule 4011. They delete subdivision (d) limiting the discovery of trial preparation material, and subdivision (f) forbidding any discovery which would require a deponent, whether or not a party, to give an opinion as an expert witness over his objection. These changes have already been discussed under Rules 4003.3 to 4003.5, supra. Minor stylistic changes have been made in subdivision (b). The provision protecting trade secrets or other confidential research, development, or commercial information has been transposed from subdivision (c) to Rule 4012(a)(9).
