Rule 1042.28.Defendant’s Request to Plaintiff for Production of Expert Reports. Response.

Adopted March 29, 2004 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 1042.28 lets a defendant accused of professional negligence serve the plaintiff with a formal request for the plaintiff's expert reports, on the form set by Rule 1042.36, and requires the plaintiff to respond within the rule's deadlines.

Full Text of Rule 1042.28

Text sizeJump to: (a) (b)

(a)

(1) A defendant against whom a claim of professional negligence has been made may serve on a plaintiff making that claim a Defendant’s Request to Plaintiff for Production of Expert Reports. The request shall be substantially in the form prescribed by Rule 1042.36.

(2) The Defendant’s Request may be served not earlier than ninety days after the defendant filed its original answer to the plaintiff’s complaint.

(b) A plaintiff to whom a request has been made under subdivision (a) shall, within one hundred eighty days after service of the request, furnish to the requesting party expert reports summarizing the expert testimony that will be offered by that plaintiff to support the claims of professional negligence made by that plaintiff against the requesting party.

End

Plain-English Summary

In a professional-negligence case, a defendant can ask the plaintiff to hand over the expert reports that support the plaintiff's claims. The demand is made on the standard form in Rule 1042.36, and the rule fixes when it may be served and when the plaintiff must answer.

The aim is an orderly exchange. Each side learns what the other's experts will say well before trial, which narrows the dispute and removes surprise from the courtroom.

Frequently Asked Questions

Who may serve this request?

A defendant against whom a claim of professional negligence has been made may serve it on the plaintiff bringing that claim.

What form must the request take?

It must follow the form prescribed by Rule 1042.36.

Official Note

Official Note: An additional defendant may serve a Defendant’s Request to Plaintiff for Production of Expert Reports on a plaintiff pursuant to subdivision (a)(1) if the plaintiff is actively pursuing a claim against the additional defendant.

Amendment History

The provisions of this Rule 1042.28 adopted March 29, 2004, effective immediately, 34 Pa.B. 1926.

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. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: defendant request for expert reportsproduction of expert reportsprofessional negligence expert discovery