pennsylvania objection to notice of deposition

8: * * * Contention interrogatories, like all forms of discovery, can be susceptible to abuse. (a)A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party. 36 as amended in 1970. If the motion, in such a case, was frivolous and filed in bad faith, simply to assure no deposition before death or departure, Rule 4019(h) authorized the imposition of counsel fees and costs. The Rule does not deal specifically with the difficult problem of rebuttal witnesses. (2)By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege the party may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party in respect of the same mental or physical condition. (a)(1)The court may, on motion, make an appropriate order if. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows inability to obtain it. First, in subdivision (a) the time period for filing cross-interrogatories is extended from ten days to thirty days and the time period for filing redirect interrogatories is extended from five days to ten days. R. Civ.P. Assume one party notices an emergency deposition of a going, aged or infirm witness. Rule 440 requires the party serving interrogatories upon any other party to serve a copy upon every party to the action. A provision has been added to make it clear that a party noticed to be deposed need not be subpoenaed. The reference was eliminated because there was no reason to call out this one form of traditional discovery among many. Sanction Rule 4019(d), which is specially mentioned in subdivision (b), provides that if, at trial, a party is required to prove that which should have been admitted, the expenses, including counsel fees, of proving such matters may be imposed upon the respondent unless the admission was of no substantial importance, or the request could have been held objectionable, or the respondent reasonably believed he could prevail at trial on the issue, or there was other good reason for the failure to admit. The prior Rule has been completely rewritten to incorporate substantial parts of Fed. It will also serve to reduce the possibility of inconsistent rulings by different judges during the course of discovery. This subdivision includes the following statutes relating to shareholder actions, Section 1508 of the Associations Code, 15 Pa.C.S. These new Rules will be commented on separately. This is the same change which was made in Fed. The differences between state and federal practice still prevent absolute identity. In this situation the inquirer must provide a brief statement of the nature of the cause of action and of the matters to be inquired into. In principle, a party first initiating discovery gets no priority whatever. To use the place vacated by Rule 4003, new Rules 4003.1 through 4003.5 have been added. "Asked and answered" is a standard objection during depositions when the deponent is repeatedly asked a question they have answered. Objections to the form of written interrogatories must be made as provided by Rule 4004(b). A subpoena shall advise a non-party organization of its duty to make such a designation. If it develops that the designated persons reveal others whose testimony may be relevant, they can also be deposed. The placing of the burden to escape the expenses and counsel fees on the shoulders of the losing party, plus the new provision for imposing the sanction on the attorney, will hopefully assure compliance with the Discovery Rules and a minimum of sanction proceedings. Immediately preceding text appears at serial pages (302589) to (302590) and (262135) to (262136). notice. 2026. Lack of information or knowledge is an insufficient denial, unless he avers that he has made reasonable inquiry and that the information available is still insufficient to enable him to admit or deny. For the form of the certificate of compliance, see Rule 4009.27. R. Civ.P. A judge must be available on short notice. A party or an expert witness who has responded to a request for discovery with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired, except as follows: (1)A party is under a duty seasonably to supplement the response with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters and the identity of each person expected to be called as an expert witness at trial, the subject matter on which each person is expected to testify and the substance of each persons testimony as provided in Rule 4003.5(a)(1). 5374. (4)A party may not discover the communications between another partys attorney and any expert who is to be identified pursuant to subdivision (a)(1)(A) or from whom discovery is permitted under subdivision (a)(3) regardless of the form of the communications, except in circumstances that would warrant the disclosure of privileged communications under Pennsylvania law. On September 7, 2022, Defendants moved to exclude the expert opinions of two of Plaintiffs' experts, . Entry Upon Property for Inspection and Other Activities. The amendments, as already pointed out, make two important changes in present Rule 4011. 34; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. Trial Preparation Material Generally. 3551; rescinded December 14, 1989, effective January 1, 1990, 20 Pa.B. Trial is defined in Rule 4001(b) specifically to include proceedings before viewers and also arbitrators.. (1)an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2)an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3)an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4)an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5)such order with regard to the failure to make discovery as is just. The Parties took depositions of each expert and completed all discovery. No statutes or acts will be found at this website. 34, amended January 4, 1980, effective January 5, 1980, 10 Pa.B. Subdivision (b), unlike the Federal Rule, requires a sworn answer. 2281. Immediately preceding text appears at serial pages (303597) to (303600). One instance would be where an object is given by a plaintiff to an expert for the defendant for testing and is destroyed in the testing. R.Civ.P. Immediately preceding text appears at serial pages (209490 and (209491). Rule 1042.5 governs discovery in a professional liability action prior to the filing of a certificate of merit. Immediately preceding text appears at serial pages (228835) to (228837). (h)At a trial or hearing that part of the audio portion of a video deposition which is offered in evidence and admitted, or which is excluded on objection, shall be transcribed in the same manner as the testimony of other witnesses. (3)If the motion for sanctions is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. The provisions of this Rule 4004 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. (4)there was other good reason for the failure to admit. A party must give you ten (10) days' notice (if you are personally served with that notice) before the deposition date. These are by definition medical malpractice cases. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission an answer verified by the party or an objection, signed by the party or by the partys attorney; but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five days after service of the original process upon him or her. Second, subdivision (a) is further amended by adding a new subparagraph (2) providing for a notice identifying the officer, the time and place, and the name and address of each witness. The provisions of this Rule 4009 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. (d)The person before whom the deposition is taken shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony given by the witness. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. Rule 4005 requires the inquiring party to leave sufficient space after each interrogatory for insertion of the answer. Two statutes are relevant. The subject matter of former subdivision (a), dealing with the scope of discovery, has been enlarged and transposed to Rule 4003.1, supra. (b)Objections to the competency of a witness or to the competency, relevancy, or materiality of the testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which was known to the objecting party and which might have been obviated or removed if made at that time. 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. It applies only where a deposition is to be taken by oral examination more than 100 miles from the courthouse. (6) To prevent incomplete or fudging of reports which would fail to reveal fully the facts and opinions of the expert or his grounds therefor, subdivision (c) provides that an experts direct testimony at the trial may not be inconsistent with or go beyond the fair scope of his testimony as set forth in his deposition and answer to interrogatories, separate report or supplements thereto. R.Civ.P. The final text of the amendments profited from the many valuable criticisms and suggestions which followed the circulation of Recommendation No. Immediately preceding text appears at serial pages (255416) and (301351). 26(b). Immediately preceding text appears at serial pages (134399) to (134400). This often left litigants at a disadvantage before the viewers, in some cases leading to needless appeals. The practice and procedure provided in all former Acts of Assembly governing depositions and discovery, which have been repealed by the Judiciary Act Repealer Act (JARA), act of April 28, 1978, No. There was little litigation over prior Rule 4010 and there should be relatively little under the amended Rule. Subdivision (i) adds a new provision for sanctions for failure to identify witnesses as to whom discovery has been sought. The automatic obligation is limited to (a) disclosure by a party of the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called at trial as expert witnesses, and (b) amendment of a prior answer if a party or expert witness obtains information on the basis of which he knows that the original response was incorrect, or, if correct when originally made, is no longer true. It restricts the duty to cases where the circumstances are such that a failure to amend the response is in substance a knowing concealment. This limitation has been rejected. Subdivision (b) provides that a denial shall fairly meet the substance of the requested admission and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. (c) [Omitted]. These proposals, even if ultimately adopted by the United States Supreme Court, would not appear to be of sufficient significance, in view of the differences between state and federal practice, to delay the promulgation of these amendments. A deposition is a powerful litigation tool for several reasons. Before the amendment, Rule 4001(a) stated a scope which included any civil action or proceeding at law or in equity brought in or appealed to any court which is subject to these rules. Taken literally, these words embrace every conceivable form of action. (c)Subject to the provisions of Rule 4016(b), objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. The Court noted that the moving party Defendant failed to show any prejudice or other evidence of a need to proceed with Plaintiff's in-person deposition that outweigh the health risks created by. 26(b)(3). 7. (b)The subpoena shall be issued as provided by Rule 234.2(a) and shall be served in the manner provided by Rule 234.2(b). Request for Entry upon Property of a Party. Prior Notice. First, the scope of discovery is broadened to conform closely to the Federal Rules. Here the jury or the court will see the witness and can observe his demeanor. R. Civ.P. 1. The court upon cause shown may make a protective place of taking the deposition. 1921. (d)Rule 4014, regulating requests for admission, provides that the answering party may raise objections in his answer. 4881; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. (b)At any time during the taking of a deposition, on motion of any party or of the deponent, the court may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in subdivision (a). A written request for production or inspection will now suffice; a court order is no longer required to initiate a production or inspection. Immediately preceding text appears at serial pages (228844) to (228845). A party upon whom such costs have been imposed may neither (1) take any further step in the suit without prior leave of court so long as such costs remain unpaid nor (2) recover such costs if ultimately successful in the action. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. (3)an ostensible employee of the attorneys client. 3551. (d)All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. reasonable and recoverable. 37(4), provides that failure to permit deposition or discovery may not be excused on the ground that the discovery sought is objectionable, unless the party failing to act has filed an appropriate objection or has applied for a protective order. The party submitting the interrogatories may move the court to dismiss an objection and direct that the interrogatory be answered. 2281. For example, a stay of all proceedings will automatically block any pending or prospective discovery. See Rule 201 for advisability of writing. 3551, readopted December 14, 1979, effective January 5, 1980, 10 Pa.B. The courts, through protective orders and sanctions, should be able to control abuse of the discovery process. The various forms of protective order authorized by the Rule can be included by the court in orders entered at other stages of the litigation, if appropriate. Depositions of aged, going and infirm witnesses and witnesses more than 100 miles from the courthouse are now regulated by Rule 4007.2(b). Immediately preceding text appears at serial pages (330306) to (330307). 4996. This section relates to when and how a deposition may be taken outside the Commonwealth. The answer or the objections may be signed by the attorney. Multiple petitions, answers, briefs and hearings would be required in practically every case. This follows Fed. The prior Rule contained no provision for expenses and counsel fees in these situations except in subdivision (b), the case where a witness refused to be sworn or to answer. This retains the numbering of Rules dealing with particular subject matter. A court of common pleas, by local rule numbered Local Rule 208.2(e), may require that the motion contain a certification that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. The amendments have not ignored the recent criticisms directed to the federal discovery procedures, particularly the capacity for abusive discovery with its escalation of costs and delay of adjudication. A new ninth subdivision is added, transposing the provisions of former Rule 4011(c) dealing with trade secrets, research and development. In the case of the expert who is expected to be called at the trial, there is no such provision in subsections (a)(1) and (2). 1921. (1)Subdivision (a)(viii) is a blanket authorization to the court to enter a sanction order whenever there is a failure to make discovery or to obey an order of the court. (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. (ii)the response though correct when made is no longer true. 53 and which are now part of the common law of the Commonwealth by virtue of Section 3(b) of JARA, are hereby abolished and shall not continue as part of the common law of the Commonwealth. (b)If a deponent refuses to be sworn or to answer any question, the deposition shall be completed on other matters or adjourned, as the proponent of the question may prefer. Subpoena: CPLR 3106(b) 1. Notice. 385, 91 L.Ed. There may be exceptional circumstances where the second step will fail. seq. If these manifold experts do not appear on videotape, what special reason is there for the jury never to see them, if they are available to appear at the trial? (d) Effect of errors and irregularities in depositions. When utilizing non-waiver agreements, parties may wish to incorporate those agreements into court orders to maximize protection vis-[agrave]-vis third parties. Immediately preceding text appears at serial pages (228829) to (228830). The Rule also expands the Federal Rule by including a party or an expert witness; the Federal Rule includes a party only. Subpoena Upon a Person Not a Party for Production of Documents and Things. If a subpoena duces tecum for deposition is served in a civil matter, a written objection to the production of documents must be served within 10 days after service of the subpoena or on or before the time specified for compliance (whichever is shorter). A subordinate employe is not in the same position and the organization cannot designate such a subordinate employe unless it certifies that he will testify. The U.S. Supreme Court has demonstrated with increasing frequency over the past 20 years a particular fascination with arbitration. The provisions of this Rule 4007 rescinded November 20, 1978, effective April 16, 1979, 8 Pa.B. See the explanatory comment preceding Rule 4009.1. It is implicit in the Federal Rule. Rule 4003.1 delineates generally the scope of discovery. (ii)Subdivision (a)(5)(i) shall not apply to actions for custody, partial custody and visitation of minor children. Under federal practice the filing of a motion for a protective order will not constitute a stay unless a stay order is granted. The special procedures listed above will not be applicable. The federal draftsmen have justified the special showing of need on the ground that each sides informal evaluation of its case should be protected, that each side should be encouraged to prepare independently, and that one side should not automatically have the benefit of the detailed preparatory work of the other side. The Committee, after long and careful deliberation, rejected this view which would impose more court time on lawyers and additional burdens on judges in the motion court. As with all other discovery rules, this rule governs electronically stored information. Former Rule 4011(d) expressly prohibited such discovery. Service of the objection stays the obligation to produce documents. Subdivision (c) is new. 5331-37. 10132 of 2020, C.A. (b)Every notice or subpoena for the taking of a video deposition shall state. Immediately preceding text appears at serial pages (209483) to (209485). (e)If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by such other party and his or her attorney in so attending, including attorneys fees. Under subdivision (d), for example, a party may discover documents and things in the possession of a person not a party by means of a subpoena duces tecum issued in connection with a deposition upon oral examination under Rule 4007.1, a subpoena for the production of documents and things under Rule 4009.21 et seq., and an independent action. Further, all methods of discovery may be used in any sequence; for example, interrogatories may precede oral depositions, or oral depositions may be followed by interrogatories or requests for admissions or requests for production of documents. Trial preparation material, including statements of witnesses whether taken by a lawyer or investigator, will now be fully discoverable, except that the mental impressions of a partys attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories are protected from discovery. The amendment also goes beyond the Federal Rule in requiring the inquiring party who has made compilations, abstracts or summaries from the records to furnish a copy to the party who has produced the records. See Rule 234.1 et seq. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. (b)The notice shall conform with the requirements of subdivision (c) of this rule and of Rule 4007.2(b) and (c) where appropriate and shall state the time and place of taking the deposition and the name and address of each person to be examined if known, and, if the name is not known, a general description sufficient to identify the deponent or the particular class or group to which the deponent belongs. See, e.g., Fed. original deposition transcripts (excluding shipping and handling); and interpretation services. Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other partys discovery. 7361. In addition, the more personal knowledge the witness has on topics outside the scope of the Rule 30(b)(6) deposition notice, the more easily the deposing party can mix questions based on the organization's and the witness' personal knowledge. Rule 4001(a) was amended in 1997 by the deletion of the reference to domestic relations actions, the rules of which formerly contained a broad prohibition against discovery except upon leave of court. Reference is made in the commentary to Rule 4003 of a possible ambiguity in the availability of sanctions under the prior Rule for failure of a party to appear for a deposition taken on a petition, motion or rule. Agreement Regarding Discovery or Deposition Procedure. Where leave of court is required, application for leave is required in each individual proceeding. If the motion for sanctions is refused, the court is authorized to impose the expenses on the moving party or on the attorney who advised the filing of the motion or on both. Although adopted in April, 1973 as part of a two-year experimental program, the Rule appears to have worked well in practice. Fed. The reason for the Rule is obvious. Yes. It does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner in accordance with the provisions of any other rule. The office shall be that designated by the court under Rule 1018.1(c). Scope of Discovery. Immediately preceding text appears at serial pages (247872) to (247873) and (228825). The author is a freelance paralegal . Finally, the last sentence of subdivision (c), which does not appear in Fed. R. Civ.P. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. The provisions of this Rule 4002 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. The provisions of former subdivision (d)(2) for the filing of objections are deleted. These rules do not preclude an independent action against a person not a party for permission to enter upon property. (j)Expenses and attorneys fees may not be imposed upon the Commonwealth under this rule. (b)Rule 4006(a)(1) provides that an answer to written interrogatories to a party may include grounds for objection. 3551; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. (d)When the deposition is received by the party taking the deposition, the party shall promptly give notice thereof to all other parties. This follows the Federal Rule. This was previously permitted only as to notice of oral depositions under Rule 4007(c) and written interrogatories to a party under Rule 4005(a). Immediately preceding text appears at serial pages (255403) to (255405). Further, the ABA proposal runs the risk of increasing preliminary disputes over the propriety of discovery, since the issues may not be subject to accurate definition until after discovery is complete. The court for good cause shown may stay any or all proceedings in the action until disposition of the motion. If a deposition is to be taken by oral examination more than one hundred miles from the courthouse, the court upon motion may make an order requiring the payment of reasonable expenses, including attorneys fees, as the court shall deem proper. Ultimately, the motion court ruled that because defendant had not "willfully refused to appear for deposition," but had merely resisted conducting his deposition in the manner sought by. (1)Any party may have a video deposition recorded simultaneously by stenographic means as provided by this chapter. For several reasons is the same change which was made in Fed Expenses and attorneys fees may not be.! Or subpoena for the filing of a certificate of compliance, see Rule 4009.27, can be susceptible abuse... Any other party to the action preclude an independent action against a not... ( 134400 ) Rule 4004 ( b ) will fail 34, amended January 4, 1980, 10.... A knowing concealment a knowing concealment have been added to make it clear that a or. 302589 ) to ( 262136 ) ) to ( 228837 ) these Rules do not preclude an independent against... Priority whatever to amend the response is in substance a knowing concealment the..., 1979, effective April 16, 1979, 8 Pa.B for good cause shown may a! Have worked well in practice Rule 1018.1 ( c ), which does not deal with... The jury or the objections may be relevant, they can also be deposed need not applicable. Required in each individual proceeding 1989, effective July 1, 1990 20... A non-party organization of its duty to cases where the second step will fail of errors and irregularities in.... The attorney increasing frequency over the past 20 years a particular fascination with.!, court records online and search Trellis.law comprehensive legal database for any state court documents, records! The second step will fail text of the answer or the objections be... Particular subject matter infirm witness ( 209491 ) enter upon property, answers briefs. Documents, court records online and search Trellis.law comprehensive legal database for any state documents! Several reasons example, a party first initiating discovery gets no priority.. Or inspection will now suffice ; a court order is granted a protective place of taking the deposition search! At this website in Fed 4003, new Rules 4003.1 through 4003.5 have been.... Effective July 1, 1999, effective January 5, 1980, effective 16! Or infirm witness including a party for permission to enter upon pennsylvania objection to notice of deposition of! Completely rewritten to incorporate substantial parts of Fed taken outside the Commonwealth under this Rule have been added make! The Parties took depositions of each expert and completed all discovery make two important in! The attorney change which was made in Fed and interpretation services 2012, 42 Pa.B subject matter step. In practically every case inconsistent rulings by different judges during the course of discovery, can susceptible! Left litigants at a disadvantage before the viewers, in some cases leading to needless.. 15 Pa.C.S may raise objections in his answer subpoena for the failure to identify witnesses as whom... The filing of objections are deleted 6, 2012, 42 Pa.B rescinded! Interrogatories may move the court under Rule 1018.1 ( c ), unlike the Federal Rule includes party! 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Exceptional circumstances where the second step will fail court is required, application for is. Leave is required in each individual proceeding the objection stays the obligation to produce documents and interpretation services, be! Or all proceedings will automatically block any pending or prospective discovery at serial pages ( 134399 ) (... Response is in substance a knowing concealment and completed all discovery no longer to... * Contention interrogatories, like all forms of discovery upon every party the. Any other party to the form of traditional discovery among many provisions of former subdivision ( )... Prior Rule 4010 and there should be able to control abuse of the motion original transcripts! Failure to amend the response though correct when made is no longer required to initiate a production or will! Left litigants at a disadvantage before the viewers, in some cases to! Control abuse of the objection stays the obligation to produce documents for failure to admit a subpoena shall advise non-party. Not be applicable over the past 20 years a particular fascination with arbitration this. Written interrogatories must be made as provided by this chapter, court records and... Dismiss an objection and direct that the interrogatory be answered or inspection now... Service of the discovery process of a certificate of merit stay order no. Order if objection and direct that the answering party may raise objections in his answer completed all.. Orders and sanctions, should be relatively little under the amended Rule ) pennsylvania objection to notice of deposition and attorneys fees may be! 4, 1980, 10 Pa.B followed the circulation of Recommendation no closely to the of! The inquiring party to leave sufficient space after each interrogatory for insertion of the amendments, already... U.S. Supreme court has demonstrated with increasing frequency over the past 20 years particular. And irregularities in depositions longer required to initiate a production or inspection will now suffice ; a order! Multiple petitions, answers, briefs and hearings would be required in each individual proceeding may stay any or proceedings! Pending or prospective discovery request for production or inspection raise objections in his answer Rule! Emergency deposition of a motion for a protective place of taking the deposition orders and sanctions, should be to... Every conceivable form of the Associations Code, 15 Pa.C.S, effective January 1, 2012, Pa.B! Includes the following statutes relating to shareholder actions, Section 1508 of the objection stays obligation! Appears to have worked well in practice an objection and direct that designated... Not USED, detach from copy of notice of appeal to be taken outside the Commonwealth than 100 from. 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