(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.
Rule 4003.8.Pre-Complaint Discovery.
Adopted September 20, 2007 · Last amended September 20, 2007 · Last verified June 30, 2026
In one sentenceA plaintiff may take discovery before filing a complaint where the information sought is material and necessary to preparing the complaint and the discovery will not impose an unreasonable burden, subject to the court's power to enter a protective order.
Full Text of Rule 4003.8
(b) Upon a motion for protective order or other objection to a plaintiff’s pre- complaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of the complaint. In deciding the motion or other objection, the court shall weigh the importance of the discovery request against the burdens imposed on any person or party from whom the discovery is sought.
Plain-English Summary
This rule allows limited discovery before a complaint is filed. 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, burden, or expense to the party or person from whom it is sought.
If a protective order is sought or the discovery is otherwise objected to, the court may require the plaintiff to state with particularity how the discovery will materially advance preparation of the complaint. The rule helps a plaintiff who needs specific facts — such as a defendant’s identity — to plead a viable claim, while guarding against using pre-suit discovery to go fishing.
Frequently Asked Questions
Can you take discovery before filing a lawsuit?
Yes, where the information is material and necessary to preparing the complaint and the discovery is not unreasonably burdensome.
What limits apply?
On objection, the court may require the plaintiff to show with particularity how the discovery will materially advance the complaint, and may enter a protective order.
Amendment History
The provisions of this Rule 4003.8 adopted September 20, 2007, effective November 1, 2007, 37 Pa.B. 5374.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: pre-complaint discoverypre-suit discovery