Rule 1042.5.Discovery.

Adopted January 27, 2003 · Not amended since adoption · Last verified June 30, 2026

In one sentenceA plaintiff who has asserted a professional liability claim generally may not seek discovery on that claim — apart from the production of documents and things or entry onto property — without leave of court until the certificate of merit is filed.

Full Text of Rule 1042.5

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Except for the production of documents and things or the entry upon property for inspection and other purposes, a plaintiff who has asserted a professional liability claim may not, without leave of court, seek any discovery with respect to that claim prior to the filing of a certificate of merit.

End

Plain-English Summary

This rule holds most discovery in a professional-liability case until the plaintiff has shown the claim has expert support. Until the certificate of merit is filed, the plaintiff may not seek discovery on that claim except for the production of documents and things or entry upon property for inspection, unless the court grants leave.

The Official Note says the court shall allow discovery needed to prepare the certificate. The brake keeps a malpractice defendant from broad discovery before the plaintiff has demonstrated, through a professional’s review, that the claim has merit.

Frequently Asked Questions

Can a malpractice plaintiff take discovery before filing the certificate of merit?

Generally no, except for the production of documents and things or entry upon property for inspection. Other discovery waits until the certificate of merit is filed.

Official Note

Official Note: Upon motion seeking leave of court, the court shall allow any discovery which is required for a licensed professional to make a determination as to whether a defendant deviated from accepted professional standards. This rule does not preclude a defendant from seeking a protective order under Rule 4012 in response to a request for the production of documents and things or the entry upon property for inspection and other purposes.

Amendment History

The provisions of this Rule 1042.5 adopted January 27, 2003, effective immediately, 33 Pa.B. 748.

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: discovery professional liabilitycertificate of merit discovery stay