The following Acts of Assembly shall not be deemed suspended or affected:
Rule 4023.Acts of Assembly Not Suspended.
Last amended January 8, 2025 · Last verified June 30, 2026
In one sentenceThis rule preserves specified Acts of Assembly from being suspended by the discovery rules — including the statute on taking depositions outside the Commonwealth and acts governing shareholder inspection of corporate records.
Full Text of Rule 4023
(a) 42 Pa.C.S. § 5325, relating to when and how a deposition may be taken outside the Commonwealth.
(b) Any Act of Assembly relating to shareholder actions for the inspection of corporate records pursuant to 15 Pa.C.S. § 1508, the examination of persons and production of documents and tangible things at a hearing or trial in proceedings upon insolvency pursuant to 39 P.S. § 252, election contests pursuant to 25 P.S. § 3465, or appeals from registration commissions pursuant to 25 Pa.C.S. § 1603.
Plain-English Summary
This rule is a savings clause for the discovery chapter. It provides that the discovery rules do not suspend or affect certain Acts of Assembly, including the Judicial Code section on when and how a deposition may be taken outside the Commonwealth and any statute governing shareholder actions to inspect corporate records.
A Historical Commentary note preserves the committee’s statements at the time of rulemaking. Keeping these statutes in force means the specialized procedures they supply continue to operate alongside the general discovery rules rather than being displaced.
Frequently Asked Questions
Do the discovery rules override statutes on out-of-state depositions?
No. The rule preserves the statute governing when and how a deposition may be taken outside the Commonwealth.
What about shareholder inspection rights?
Statutes governing shareholder actions to inspect corporate records are preserved too.
Official Note
Historical Commentary The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking: Explanatory Comment—1978 The statutes preserved or suspended by the above rules have been repealed by the Judiciary Act Repealer Act, effective June 27, 1978. The rules have been devised to reflect those repeals. Explanatory Comment—1995 The note to paragraph (3) of Rule 4023 has been revised by deleting the reference to the repealed Act of May 5, 1933, P.L. 364, as amended, 15 P.S. § 1308 and substituting the reference to the suc- cessor provision, Section 1508 of the Associations Code, 15 Pa.C.S. § 1508.
Amendment History
The provisions of this Rule 4023 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended December 27, 1995, effective January 1, 1996, 26 Pa.B. 227; amended January 8, 2025, effective immediately, 55 Pa.B. 661. Immediately preceding text appears at serial pages (301358) and (255425).
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: acts of assembly not suspended discovery