Rule 1042.38.Defendant’s or Additional Defendant’s Request to Another Defendant or Additional Defendant. Form.
Adopted March 29, 2004 · Not amended since adoption · Last verified June 30, 2026
In one sentenceThis rule supplies the form one defendant or additional defendant uses to request expert reports from another defendant or additional defendant under the reciprocal expert-report exchange.
Full Text of Rule 1042.38
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The Defendant’s or Additional Defendant’s Request to Another Defendant or Additional Defendant for Production of Expert Reports required by Rule 1042.30(a)(1) shall be substantially in the following form: (CAPTION) Defendant’s or Additional Defendant’s Request to Another Defendant or Additional Defendant for Production of Expert Reports TO: Name of Another Defendant/Additional Defendant FROM: Name of Defendant/Additional Defendant I, the defendant/additional defendant named above, have furnished to you expert reports summarizing the expert testimony that I will offer to support the claims that I have made against you pursuant to Pennsylvania Rule of Civil Procedure 2251 et seq. governing joinder of additional parties. Pursuant to Pa.R.C.P. 1042.30(b), you are requested within sixty (60) days to furnish me expert reports summarizing the expert testimony that you will offer to support your defenses to my claims against you and to support any claims you have raised against me pursuant to Pa.R.C.P. 2251 et seq. If you have raised claims against other parties pursuant to Pa.R.C.P. 2251 et seq., your expert reports are required also to summarize the expert testimony that you will offer in support of your claims against these other parties. You are required to serve copies of all expert reports on all other parties. Date: Attorney for Defendant/Additional Defendant
End
Plain-English Summary
This rule completes the set of reciprocal expert-report request forms by covering requests between defendants. Where a professional-liability case has multiple defendants or additional defendants, one may need the expert reports of another, and this form is how that request is made.
Like its companions, it is captioned in the action and tied to the rule that governs the exchange. The uniform form ensures every party — plaintiff or defendant — has a clear, consistent way to obtain the expert reports the rules make available.
Frequently Asked Questions
When is this form used?
When a defendant or additional defendant requests expert reports from another defendant or additional defendant under Rule 1042.30.
Amendment History
The provisions of this Rule 1042.38 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:co-defendant request formadditional defendant formexpert reports form