Rule 1042.28 – Defendant’s Request to Plaintiff for Production of Expert Reports. Response

May 14, 2021 | Civil Procedure, Pennsylvania

(a)

(1) A defendant against whom a claim of professional negligence has been made may serve on a plaintiff making that claim a Defendant’s Request to Plaintiff for Production of Expert Reports. The request shall be substantially in the form prescribed by Rule 1042.36.
(2) The Defendant’s Request may be served not earlier than ninety days after the defendant filed its original answer to the plaintiff’s complaint.
(b) A plaintiff to whom a request has been made under subdivision (a) shall, within one hundred eighty days after service of the request, furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that plaintiff to support the claims of professional negligence made by that plaintiff against the requesting party.

231 Pa. Code ยง 1042.28