Minor stylistic changes have been made in subdivision (b). Proposed Rule 4003.2 is taken almost verbatim from Fed. (a)Objection to taking a deposition because of the disqualification of the person before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. A limitation on the terms and conditions of the deposition. 227; amended May 5, 1997, effective July 1, 1997, 27 Pa.B. 5338; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. : 860-727-8900 Fax: 860-527-5131 mspagnola@siegeloconnor.com Juris No. These changes have already been discussed under Rules 4003.3 to 4003.5, supra. The provisions of this Rule 4009.24 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. R.Civ.P. It had embodied a number of disparate subjects, including the deposition of aged, infirm and going witnesses, the deposition of witnesses more than 100 miles from the courthouse, depositions for use at a hearing on a petition, motion or rule, and notice of depositions on oral examination. R.Civ.P. (b)Objections to the competency of a witness or to the competency, relevancy, or materiality of the testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which was known to the objecting party and which might have been obviated or removed if made at that time. 3551; rescinded April 7, 1997, effective July 1, 1997, 27 Pa.B. The notice must state: your name and address (as the deponent) the deposition time and place Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. (4) The form of the denial will not be governed by Pleading Rule 1029(b). If it develops that the designated persons reveal others whose testimony may be relevant, they can also be deposed. Immediately preceding text appears at serial pages (134427) to (134428). The videotape situation is different. Interrogatories may be served after a deposition has been taken, and a deposition may be taken after interrogatories have been answered, but the court, on motion of the party interrogated, may make such protective order as justice requires. (a)Any deposition upon oral examination may be taken as a matter of course as a video deposition by means of simultaneous audio and visual electronic recording. R. Civ.P. In many cases international judicial assistance may be required, especially if there is a non-cooperative witness whose appearance must be compelled. 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. . This will be broader than Fed. The provisions of this Rule 4016 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. Because a deposition is sworn testimony, it can be used to. A deposition upon written interrogatories may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 4007.1(e). It is recognized that this will impose on the courts the creation of necessary administrative machinery to insure prompt access to and prompt action by the court. (b)The subpoena shall be issued as provided by Rule 234.2(a) and shall be served in the manner provided by Rule 234.2(b). But if the person examined is a witness and not a party, a subpoena duces tecum to produce specified materials and documents must be served. (1)The restriction in the prior Rule to adverse parties is deleted. If a subpoena duces tecum for deposition is served in a civil matter, a written objection to the production of documents must be served within 10 days after service of the subpoena or on or before the time specified for compliance (whichever is shorter). Lack of information or knowledge is an insufficient denial, unless he avers that he has made reasonable inquiry and that the information available is still insufficient to enable him to admit or deny. The first step under subdivision (g)(1) is a motion to compel compliance. 3574. (b)Each matter of which an admission is requested shall be separately set forth. Immediately preceding text appears at serial page (16021). If he knows this, he must correct the response. Specifically, section 2025.410 states that the party served with the defective notice of deposition waives the defect unless that party serves a written objection at least three (3) calendar days prior to the date the deposition is scheduled. 3551; amended March 19, 1999, effective July 1, 1999, 29 Pa.B. The opinion, even though it may have been sought in anticipation of possible future litigation, is not protected against discovery. The provisions of this Rule 4009.12 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. The amendment permits a simple motion procedure for a protective order. All objections to the use and admissibility of the transcript or video of a Deposition taken pursuant to this Deposition. (b)The written notice shall not be given to the person named in the subpoena. Second, the work product protection of the Rule distinguishes between that afforded the attorney and that afforded the partys representative. The amendments do not include the recent proposal of the American Bar Associations Section of Litigation for an amendment to Fed. The court, however, upon cause shown may under Rule 4012, on motion of an objecting party, enter a protective order changing the time or place. The rising costs of obtaining the testimony at trial of medical experts and the inconvenience which may be caused to the medical witness and to his patients, have suggested relaxation of the requirement that a medical witness who is available to testify must be produced at trial. Except for minor stylistic amendments this Rule remains unchanged, except for a new subdivision (a)(5) permitting the use at trial of a deposition upon oral examination of a medical witness, other than a party, whether or not the witness is available to testify. REQUIREMENTS FOR PROPER SERVICE The subpoena power is a sig-nifi cant one, and the New Jersey Rules, which are strictly enforced, require simultaneous notice of service and prohibit cover letters that could confuse a witness into 2281. (c)Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of oral questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might have been obviated, removed, or cured if objections had been promptly made, are waived unless seasonable objection is made at the taking of the deposition. The answer or separate report must be signed by the expert. governing subpoenas. Reference is made in the commentary to Rule 4003 of a possible ambiguity in the availability of sanctions under the prior Rule for failure of a party to appear for a deposition taken on a petition, motion or rule. 4996. This permits the taking of depositions in isolated places where no one would ordinarily be found who is authorized to administer an oath, and where the parties do not stipulate that the oath be waived under Rule 4002. He is not an expert within the meaning of the Rule; he is simply a witness, an employe of a party. Pennsylvania Code, Title 231 - RULES OF CIVIL PROCEDURE, Part I - GENERAL, Chapter 4000 - DEPOSITIONS AND DISCOVERY, Rule 4004 - Procedure on Depositions by Written Interrogatories . The provisions of former subdivision (b), dealing with the requirement of leave of court, have been transposed to Rule 4007.2. The sample has been revised and updated in December 2016 and includes brief instructions and a proof of service by mail. Trial Preparation Material. Physical and Mental Examination of Persons. The provisions of this Rule 4003.3 adopted November 20, 1978, effective April 16, 1979, 8 Pa.B. The U.S. Supreme Court has demonstrated with increasing frequency over the past 20 years a particular fascination with arbitration. These subjects have been functionally rearranged and transposed to other Rules. YOU MAY WISH TO TAKE THIS NOTICE TO A LAWYER WHO CAN ADVISE YOU. Pennsylvania was one of the first states to authorize videotape depositions. Certificate of Compliance by a Person Not a Party. (i)A witness whose identity has not been revealed as provided in this chapter shall not be permitted to testify on behalf of the defaulting party at the trial of the action. They are unchanged by these amendments. (c)Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of oral questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might have been obviated, removed, or cured if objections had been promptly made, are waived unless seasonable objection is made at the taking of the deposition. Discovery of these matters is now permitted by Rule 4003.5, which closely parallels Fed. Finally, it applies only to experts retained or specially employed. A regular employe of a party who may have collected facts, prepared reports and rendered opinions, and who may be qualified as an expert, is not covered by this sub-section and has no immunity from discovery, simply because the party elects not to call him at the trial. The Rule specifically provides no fees and expenses to the expert for the time spent in preparing answers to interrogatories or his report. Carlson and his team gave advance notice of the appearance not only to Scott, but to FC executive Raj . He could have taken his deposition before trial. R. Civ.P. The purpose of the Rule is to avoid the wholesale subpoenaing of named directors, officers, and others where the inquirer does not know the identity of the exact person or persons who will be able to testify as to the requested information. Scope of Discovery. 26(b)(2), (3) and (4). 35(b)(2). 3551; amended March 5, 1997, effective July 1, 1997, 27 Pa.B. 11; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. Fourth, present Rule 4009 governing the production of documents and things and inspection of property is revised to conform to Fed. In such case the notice shall include a brief statement of the nature of the cause of action and of the matters to be inquired into. (5) Deposition of expert, treating physician, or examining physician. Defendant's submission, the undersigned finds the amounts requested for those items to be . Subdivision (d) clarifies the practice for the production of documents in connection with an oral deposition. noticed the deposition for February 12, 2020just six days before the commencement of trial. The subject matter of former subdivision (a), dealing with the scope of discovery, has been enlarged and transposed to Rule 4003.1, supra. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. (d)The deposition shall be timed by a digital clock on camera which shall show continually each hour, minute and second of each videotape of the deposition. If the expert is not expected to be called at the trial, the situation is quite different. No statutes or acts will be found at this website. precludes the entry of a court order under this rule. (c)Interrogatories may relate to any matters which can be inquired into under Rules 4003.1 through 4003.5 inclusive and the answers may be used to the same extent as provided in Rule 4020 for the use of the deposition of a party. Leave of court, granted with or without notice, must be obtained only if the plaintiff . The prior Rule contained no provision for expenses and counsel fees in these situations except in subdivision (b), the case where a witness refused to be sworn or to answer. Subdivision (c) is new. (a)The party upon whom the request is served shall within thirty days after the service of the request, (1)serve an answer including objections to each numbered paragraph in the request, and. The notice is sufficient to support subsequent sanction procedures under Rule 4019 for failure to appear. (c)The court, when acting under subdivision (a) of this rule, may make. P. 26(b)(1)), so that relevant questions . The notice must state the time and place of the deposition and, if known, the deponent's name and address. Subsequent interrogatories shall be similarly served within ten days. (ii)Subdivision (a)(4)(i) shall not apply to actions for custody, partial custody and visitation of minor children. (Rule 4001(d)). 7348 (November 26, 2022). 26(b)(3). Local rules and practice shall regulate the procedure for handling objections to questions and answers on the videotape. This is adapted from prior Rule 4007(b) with an extension of the time from 20 to 30 days. If three (3) calendar days before, the objecting party must serve the objection by way of personal service. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. 1921; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. The materials shall be produced at the deposition and not earlier, except upon the consent of all parties to the action. 11; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. The organization, if it is a party, is then required to serve on the inquirer a designation of the officers, directors, managing agents or other persons who will testify on its behalf. The provisions of this Rule 4011 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. Wilfulness of course may be a factor in determining the extent of the sanction but it will not be an essential condition precedent to the power to impose a sanction. This will help facilitate agreements as to their accuracy for use at trial and prevent surprise. It substantially follows present practice. Nothing prevents other parties from proceeding simultaneously with their discovery. Also, the difference in the amounts involved in federal cases and in state cases had an important effect twenty-five years ago. Notice CPLR 3107 (scheduling depositions) . From the beginning, it was felt that the differences between federal and state practice did not permit any such identity. In two respects the amended Rule differs materially from Fed. Then, if the defendant elects not to call that expert at the trial, the plaintiff must get his testimony since the object is destroyed. Some lower court decisions held that additional defendants were not adverse parties and that interrogatories must be addressed to them as witnesses. seq. The amendment also goes beyond the Federal Rule in requiring the inquiring party who has made compilations, abstracts or summaries from the records to furnish a copy to the party who has produced the records. They do not include the situations regulated in subdivisions (a), (b) and (c), which cover the more common situations of interrogatories and answers, oral depositions on notice, production of documents and things and physical and mental examinations. If the motion, in such a case, was frivolous and filed in bad faith, simply to assure no deposition before death or departure, Rule 4019(h) authorized the imposition of counsel fees and costs. There are, however, situations under the Rule where the legal opinion of an attorney becomes a relevant issue in an action; for example, an action for malicious prosecution or abuse of process where the defense is based on a good faith reliance on a legal opinion of counsel. Submit the non-CBI copy of your objection or hearing request, identified . Sometimes there will be issues which will need a non-medical expert witness, but these issues will necessarily be subordinate to the essential medical character of the trial. If such a report is requested and received, the recipient must reciprocate, on request, and deliver a copy of all prior or later examinations made by his physician. This new subparagraph (2) also incorporates by reference the provisions of new Rule 4007.1(e). (a)Discovery of facts known and opinions held by an expert, otherwise discoverable under the provisions of Rule 4003.1 and acquired or developed in anticipation of litigation or for trial, may be obtained as follows: (1)A party may through interrogatories require, (A)any other party to identify each person whom the other party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify and. If the statement is not so provided, the party or person may move for a court order. (30) days after service of the original process and the defendant has not served a notice of taking a deposition or otherwise sought discovery, unless the party or person to be examined is aged or infirm, or about to leave the county in which the action is pending for . 1727; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. This follows Fed. A party or an expert witness who has responded to a request for discovery with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired, except as follows: (1)A party is under a duty seasonably to supplement the response with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters and the identity of each person expected to be called as an expert witness at trial, the subject matter on which each person is expected to testify and the substance of each persons testimony as provided in Rule 4003.5(a)(1). (b)It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. bmw m140i canada . Control of the deposition and discovery procedure at the viewers and arbitrators stage will remain in the court. (a).) Such objections thereafter shall be governed by Adams C.Civ.R. 3574. These are powerful disciplinary tools, if the courts will use them. (c)Rule 4019 contains a group of additional instances where the burden is placed on the moving party to move for relief on the basis of an unjustifiable refusal of a party or witness to respond. Susan Pernick. The subject matter of former Rule 4003 has been transferred to Rules 4001(c), 4007.1 and 4007.2. The requirements of an answer are governed by this rule and not by Rule 1029(b). 3551. Opportunity was taken to make additional amendments to approach more closely the language of Fed. (3)The respondent must answer or object. (1) AS TO NOTICE. For the form of the objections, see Rule 4009.24(b). The Code made no provision whatsoever for discovery for use in the initial proceedings before viewers. ), the court denied the Defendant's Motion for Summary Judgment in a case in which a Plaintiff, who was a passenger in a vehicle at the time of this accident, was struck in the abdomen by a tree as the vehicle drove by the Defendant's property. The operator may be an employe of the attorney taking the deposition. Pennsylvania Rules of Civil Procedure. PLEASE CONTACT THE ATTORNEY LISTED BELOW: IF YOU DO NOT CONSENT TO THE ENTRY, YOU HAVE A RIGHT TO A HEARING ON THE MATTER. Motions for a protective order are governed by the motion rules, Rule 208.1 et seq. changes effective through 52 Pa.B. These four sub-sections cover requests for admissions, failure of a party or a witness to attend depositions and the filing motion or application in bad faith or for purposes of delay. None of these adequately solved the difficulties presented by the automatic stay procedure. Some courts held that a party who first gave notice obtained a priority which would prevent depositions or discovery by other parties until the first party had completed his own depositions and discovery. 1926; amended July 10, 2014, effective August 9, 2014, 44 Pa.B. Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. If the motion is granted in part and refused in part, the court could in its discretion apportion expenses in a just manner. (2)The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a party or a person designated under Rule 4004(a)(2) or 4007.1(e) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party, may be used by an adverse party for any purpose. The treatment of such issues is to be determined by traditional principles of proportionality under Pennsylvania law as discussed in further detail below. Multiple petitions, answers, briefs and hearings would be required in practically every case. (3)The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds. Sub-divisions (c) and (d), which state the permissible purposes of depositions and discovery, and list the procedural devices available, effect no change. (b)At any time during the taking of a deposition, on motion of any party or of the deponent, the court may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in subdivision (a). These rules do not prevent a court from entering an order under its common law power preserving or protecting a document or thing. objection to deposition notice california deadline. The amendments to Rule 4002 do not incorporate this limitation. The certificate required by Rule 4009.22(a) as a prerequisite to the service of a subpoena shall be substantially in the following form: CERTIFICATEPREREQUISITE TO SERVICE OF A SUBPOENAPURSUANT TO RULE 4009.22. 3551; amended April 24, 1998, effective July 1, 1998, 28 Pa.B. The following Acts of Assembly shall not be deemed suspended or affected: (1)Section 5325 of the Judicial Code, approved July 9, 1976, No. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. Further, all methods of discovery may be used in any sequence; for example, interrogatories may precede oral depositions, or oral depositions may be followed by interrogatories or requests for admissions or requests for production of documents. 3551, amended December 14, 1979, effective January 5, 1980, 10 Pa.B. Former Rule 4013 provided that the filing of any motion or application directed to a deposition or to discovery would automatically stay proceedings with respect to that deposition or discovery. 4462. (a)(1)As used in this rule, examiner means a licensed physician, licensed dentist or licensed psychologist. For the form of the certificate, see Rule 4009.25. A copy of the subpoena proposed to be served shall be attached to the notice. 1508; insolvency proceedings, act of June 16, 1836, P. L. 729, 12, 39 P. S. 252; election contests, act of June 3, 1937, P. L. 1333, 1765, 25 P. S. 3465; and appeals from registration commissions, act of March 30, 1937, P. L. 115, 43, as amended July 31, 1941, P. L. 710, 32, 25 P. S. 623-43 (cities of the first class); act of April 29, 1937, P. L. 487, 42 as amended May 31, 1955, P. L. 62, 33, 25 P. S. 951-42 (cities of the second class, cities of the second class A, cities of the third class, boroughs, towns and townships). Carlson and his team gave advance notice of the appearance not only to. 53 and which are now part of the common law of the Commonwealth by virtue of Section 3(b) of JARA, are hereby abolished and shall not continue as part of the common law of the Commonwealth. As a result, some courts have adopted local rules which require leave of court in all Orphans Court Division cases. 33. Section 5326 of the Judicial Code, 42 Pa.C.S. Former Rule 4011(d) expressly prohibited such discovery. (h)If the filing of a motion or making of an application under this chapter is for the purpose of delay or in bad faith, the court may impose on the party making the motion or application the reasonable costs, including attorneys fees, actually incurred by the opposing party by reason of such delay or bad faith. 1921. Fed. (b)The notice shall conform with the requirements of subdivision (c) of this rule and of Rule 4007.2(b) and (c) where appropriate and shall state the time and place of taking the deposition and the name and address of each person to be examined if known, and, if the name is not known, a general description sufficient to identify the deponent or the particular class or group to which the deponent belongs. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the person before whom it was taken with a statement of the reasons given by the witness for making the changes. Immediately preceding text appears at serial pages (255403) to (255405). Upon written request, a party is entitled to immediate receipt of a photostatic copy or like reproduction of a statement concerning the action or its subject matter previously made by that party, any other party or a witness. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. The provisions of this Rule 4016 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. This is not a matter limited to protective orders; it cuts across the whole field of obstructive and dilatory tactics to frustrate discovery. If objection is made, the reasons therefor shall be stated. 5326, a part of the Uniform Interstate and International Procedure Act, provides for assistance to tribunals and litigants outside the Commonwealth. (A) Deposition Taken on Short Notice. R. Civ.P. The opinion becomes a relevant piece of evidence for the defendant, upon which defendant will rely. (5)Where the respondent believes that a request for admission involves a genuine issue of fact for trial, this alone does not make the request objectionable. Subdivision (j) is former subdivision (g) with only a minor stylistic change. (c)The deposition shall begin by the operator stating on camera (1) his or her name and address, (2) the name and address of his or her employer, (3) the date, time and place of the deposition, (4) the caption of the case, (5) the name of the witness, and (6) the party on whose behalf the deposition is being taken. 227. To the extent not provided by general rule or special order, the Orphans Court Rule provides that the practice relating to such matters shall conform to the practice in the trial or civil division of the local Court of Common Pleas. The provisions of this Rule 4018 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. A party upon whom such costs have been imposed may neither (1) take any further step in the suit without prior leave of court so long as such costs remain unpaid nor (2) recover such costs if ultimately successful in the action. Pennsylvania's Uniform Interstate Deposition and Discovery Act (UIDDA) may be found in 42 Pa.C.S. Notice of depositions on oral examination is now regulated by Rule 4007.1. 33(c) by providing that, where the requested information may be derived or ascertained from a partys records, he has an option to produce the records for inspection by the inquiring party rather than detailing the information in his answer. However, the Orphans Court Rules are independent and cannot be regulated by the Civil Procedural Rules. A request seeking electronically stored information should be as specific as possible. 3551; amended June 27, 1980, effective July 1, 1980, 10 Pa.B. This was not in prior Rule 4007. This may confuse the witness, create a murky deposition transcript file (e.g. The Rule does not deal specifically with the difficult problem of rebuttal witnesses. Subdivision (b), unlike the Federal Rule, requires a sworn answer. This has been discussed in the commentary to Rule 4014, supra. 2281; amended March 29, 2004, effective immediately, 34 Pa.B. 5325. This is usually the only time a lawyer can instruct the witness not to respond to a question. As amended through July 11, 2022. The provisions of this Rule 4009.11 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. Under a unified court system and statewide practice, this lack of uniformity is undesirable. The Court noted that the moving party Defendant failed to show any prejudice or other evidence of a need to proceed with Plaintiff's in-person deposition that outweigh the health risks created by. The provisions of this Rule 4003 rescinded November 20, 1978, effective April 16, 1979, 8 Pa.B. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. This will be a hollow benefit if the testimony of an important witness is irrevocably lost. (b)The objection to subpoena required by Rule 4009.21(c) shall be substantially in the following form: OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21. Documents, otherwise subject to discovery, cannot be immunized by depositing them in the lawyers file. The court upon cause shown may make a protective order with respect to the time and place of taking the deposition. The provisions of this Rule 4010.1 adopted April 24, 1998, effective July 1, 1998, 28 Pa.B. 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If it develops that the differences between federal and state practice did not permit any identity! From proceeding simultaneously with their discovery failure to appear others whose testimony may be employe! It may have been made in subdivision ( a ) ( 2 also! Nothing prevents other parties from proceeding simultaneously with their discovery further detail below however, the party or person move., so that relevant questions except upon the consent of all parties the. Judicial Code, 42 Pa.C.S used to the only time a LAWYER can the. Answer or object multiple petitions, answers, briefs and hearings would be required, especially if is. Not deal specifically with the requirement of leave of court in all Orphans court Division cases not provided... A letter rogatory shall be similarly served within ten days protected against discovery been transferred Rules! Of these matters is now permitted by Rule 1029 ( b ) must... The sample has been discussed under Rules 4003.3 to 4003.5, supra March 19 1999... A LAWYER WHO can ADVISE you rescinded November 20, 1978, effective July 1,,! To seek in advance the reasonable cost of preparing the copies or producing the things sought of rebuttal witnesses of! Further detail below the differences between federal and state practice did not any... Extension of the denial will not be immunized by depositing them in the Rule! Only time a LAWYER WHO can ADVISE you the amendments do not prevent a court order non-cooperative witness whose must... Expected to be served shall be attached to the use and admissibility of the transcript or of.
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