Rule 212.4.Applicability of Rules. Eminent Domain.
Adopted October 8, 2002 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 212.4 folds an eminent-domain condemnee’s valuation-expert disclosure into ordinary pre-trial practice, requiring the valuation expert’s name and statement to be served within the pre-trial-statement time of Rule 212.1 and suspending the Eminent Domain Code’s separate ten-day deadline to that extent.
(a)The name of a valuation expert and his or her statement of valuation required to be served on the opposing party by Section 703(2) of the Eminent Domain Code shall be served within the time provided for the filing of a pre-trial statement by Rule 212.1. A party failing to comply with this rule shall be subject to the sanctions set forth in Rule 212.2(c)
(b)Section 703(2) of the Eminent Domain Code, 26 P.S. § 1-703(2), is suspended only insofar as it provides for the name and report of the valuation expert to be served at least ten days before the commencement of the trial.
End
Plain-English Summary
This rule synchronizes one piece of eminent-domain practice with the general pre-trial timetable. The valuation expert’s name and statement that the Eminent Domain Code requires a party to serve must instead be served within the time Rule 212.1 sets for the pre-trial statement.
The consequences and the override both follow. A party that fails to comply faces the same sanctions as a pre-trial-statement violation under Rule 212.2(c), and the Code’s own provision for serving the expert’s report at least ten days before trial is suspended to the extent it conflicts.
Frequently Asked Questions
When must a valuation expert be disclosed in an eminent-domain case?
Within the time Rule 212.1 sets for filing the pre-trial statement. This rule replaces the Eminent Domain Code’s separate ten-day-before-trial deadline for that disclosure.
What happens if the valuation expert is not disclosed on time?
The same sanctions that apply to a pre-trial-statement violation under Rule 212.2(c), which can include preclusion of the expert’s opinion at trial.
Amendment History
The provisions of this Rule 212.4 adopted October 8, 2002, effective January 1, 2003, 23 Pa.B. 5262
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:eminent domainvaluation expertcondemnation pre-trial