A litigant cannot complain about a lack of opportunity to conduct discovery when the litigant never petitioned the Orphans’ Court for leave to conduct discovery, as required by local rules. A motion for recusal is not timely when it is … Continue reading
Tag Archives: Discovery
Objection to notice of intention to serve subpoenas on medical providers was denied even though the subpoenas covered time periods not relevant to whether the decedent had testamentary capacity, but a motion for a protective order was granted and the … Continue reading
The Orphans’ Court Procedural Rule Committee has proposed amendments to Pa. R.O.C.P. 7.1 in order to include the procedures under Pa. R.Civ.P. 234.3 for notices to a party to attend a hearing or produce documents or things, and in order … Continue reading
Philadelphia has adopted new local Orphans’ Court rules on determining title to real estate under 20 Pa.C.S. § 3546, discovery, and the appointment of counsel for the alleged incapacitated person in guardianship proceedings. “Adoption of Philadelphia Court of Common Pleas … Continue reading
Following the holding of the Superior Court confirming that the fiduciary exception to attorney-client privilege did not allow a trustee to withhold documents in discovery, the Orphans’ Court held that new claims of attorney-client privilege based on exceptions to the … Continue reading
The agent for the deceased principal filed an account that showed the same rounded expenses each month, the agent failed to comply with discovery orders to provide financial records, and the agent failed to appear at the hearing on the … Continue reading
Cumberland County has adopted a new local rule for discovery in its Orphans’ Court, as well as other local rules for civil actions, and custody and divorce proceedings. “Local Rules; Civil Term; 96-1335 Civil” (1/22/2025), 55 Pa.B. 904 (2/1/2025); “Local … Continue reading
It was not an abuse of discretion for the Orphans’ Court to sustain objections to a notice of intention to issue a subpoena when the subpoena would be issued after the deadline for discovery had passed, and it was not … Continue reading
In litigation over the compensation and expenses of trustees of a charitable trust, the Orphans’ Court denied enforcement of interrogatories by the trustees addressed to the Attorney General which requested information about admissions and the purposes of expenses because the … Continue reading
Motion for protective order was granted, and the deposition of the objector was denied, in order to avoid unnecessary delays and protect the beneficiary of the estate from additional attorney fees and litigation costs. Logue Estate, 11 Fid.Rep.3d 273 (Lycoming … Continue reading