Civil Procedure

Third Circuit Scrutinizes Mailbox Rule

In a recent Opinion, the U.S. Court of Appeals for the Third Circuit has dramatically weakened the “mailbox rule,” which created a presumption that a letter was presumed to be received once the sender deposited it into a mailbox. It is about time that the courts examined this rule more closely, particularly in this day […]

No Discovery of Communications Between Counsel and Experts

On July 10, 2014, the Pennsylvania Supreme Court erased any doubt that it intended to bar all discovery of communications between counsel and experts by amending Pa.R.Civ.P. 4003.5 to prohibit such communications. The amendment, effective August 9, 2014, confirms the Supreme Court’s Opinion in Support of Affirmance in Barrick v. Holy Spirit Hospital of the […]

A Divided Pennsylvania Supreme Court Affirms That Communications Between Counsel and an Expert Are Not Discoverable

In the long-awaited decision in Barrick v. Holy Spirit Hospital, an evenly-divided Supreme Court today held that communication between counsel and an expert are privileged material pursuant to Pa.R.C.P. 4003.3 and 4003.5. In so ruling, the three Justices supporting affirmance noted that “Rule 4003.3 balances the general rule of expansive discovery with the deep-rooted protection of attorney […]

Rules Change: Only Cite to the National Reporter System (A.2d or A.3d, for Example)

By Order dated April 14, 2014, the Pennsylvania Supreme Court eliminated the requirement that briefs include parallel citations to the state court cites. From now on, you only need to cite to the National Reporter System. This means you only need to cite to A.2d or A.3d Reporters, and not to Pa. or Pa. Super. […]

The Best Way to Learn What the Pa. Supreme Court is Doing May Be Twitter

Want to know what the Pennsylvania Supreme Court has ruled on any given day? Or what else is happening in the Pennsylvania courts? If you do, you may think that the best way to do so is to visit the Court’s website every day. Guess what, that may not be the best way, as I have learned […]

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