Rule 1042.37 – Plaintiff’s Request to Defendant or Additional Defendant

May 14, 2021 | Civil Procedure, Pennsylvania

The Plaintiff’s Request to Defendant or Additional Defendant for Production of Expert Reports required by Rule 1042.29(a)(1) shall be substantially in the following form:

(CAPTION)

Plaintiff’s Request to Defendant or Additional Defendant

for Production of Expert Reports

TO: ______________________________________

Name of Defendant/Additional Defendant

FROM: ______________________________________

Name of Plaintiff

1. I, the plaintiff named above, have furnished you, the defendant named above, expert reports summarizing the expert testimony that I will offer to support the claims of professional negligence or product liability that I have made against you.
2.

(A). Pursuant to Pennsylvania Rule of Civil Procedure 1042.29(a)(2), you are requested within sixty (60) days of service of this request to furnish to me expert reports summarizing the expert testimony that you will offer to support your defenses to the claims of professional negligence that I have made against you.
(B). Pursuant to Pennsylvania Rule of Civil Procedure 1042.29(a)(3), you are requested within one hundred twenty (120) days of service of this request to furnish to me expert reports summarizing the expert testimony that you will offer to support your defenses to the claims of professional negligence that I have made against you.
3. If you have made claims against other parties pursuant to Pennsylvania Rule of Civil Procedure 2251 et seq. governing the joinder of additional defendants, your expert reports are required also to summarize the expert testimony that you will offer in support of these claims against those other parties.
4. You are required to serve copies of all expert reports on all other parties.

Date:

____________

______________________________________

Attorney for

___

, Plaintiff

231 Pa. Code ยง 1042.37