No discovery, including discovery of electronically stored information, shall be permitted which
Rule 4011.Limitation of Scope of Discovery.
Last amended June 6, 2012 · Last verified June 30, 2026
In one sentenceNo discovery is permitted that is sought in bad faith, would cause unreasonable burden or oppression, goes beyond the scope of discovery, would disclose protected mediation communications, or would require an unreasonable investigation.
Full Text of Rule 4011
(a) is sought in bad faith;
(b) would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party;
(c) is beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6;
(d) is prohibited by any law barring disclosure of mediation communications and mediation documents; or
(e) would require the making of an unreasonable investigation by the depo- nent or any party or witness.
Plain-English Summary
This rule sets the outer limits on discovery, including electronically stored information. Discovery may not be had if it is sought in bad faith; would cause unreasonable annoyance, embarrassment, oppression, burden, or expense to any person or party; falls beyond the scope the discovery rules allow; is barred by a law protecting mediation communications and documents; or would require an unreasonable investigation by the deponent, party, or witness.
The Official Note points to a Judicial Code privilege. These limits are the counterweight to the broad relevance standard, keeping discovery from being used to harass or to impose disproportionate cost.
Frequently Asked Questions
What discovery is off limits?
Discovery sought in bad faith, causing unreasonable burden or oppression, beyond the permitted scope, disclosing protected mediation material, or requiring an unreasonable investigation.
Can discovery be denied as too burdensome?
Yes. Discovery that would cause unreasonable burden or expense is not permitted.
Official Note
Official Note: Section 5949 of the Judicial Code, 43 Pa.C.S. § 5949, provides, with speci- fied exceptions, that all mediation communications and mediation documents are privileged. See Section 5949(c) for definitions of mediation communication and mediation document.
Official Note: As with all other discovery rules, this rule governs electronically stored information. See the explanatory comment preceding Rule 4009.1.
Explanatory Note The amendments, as already pointed out, make two important changes in present Rule 4011. They delete subdivision (d) limiting the discovery of trial preparation material, and subdivision (f) forbid- ding any discovery which would require a deponent, whether or not a party, to give an opinion as an expert witness over his objection. These changes have already been discussed under Rules 4003.3 to 4003.5, supra. Minor stylistic changes have been made in subdivision (b). The provision protecting trade secrets or other confidential research, development, or commercial information has been trans- posed from subdivision (c) to Rule 4012(a)(9).
Amendment History
The provisions of this Rule 4011 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 1443; amended August 20, 2004, effective October 1, 2004, 34 Pa.B. 4881; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial page (305444).
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: limitation of discoveryscope limits discovery