I just left the hearing in PA, in which Judge Kirtland heard arguments regarding perjuring priest Bob Malm’s attempt to drag my mother, dying of COPD, into court.
Attorney Rachel Wenger represented Bob, and did not appear to be well-prepared. She offered no rebuttal to the black letter law in the case, which is that rule 1930.5 prohibits discovery in protection from abuse cases absent prior leave of court.
She also mischaracterized the Uniform Interstate Depositions and Discovery Act, or UIDDA. As enacted in Pennsylvania, the UIDDA expressly provides that Pennsylvania law controls when it comes to issuance of the Pennsylvania subpoena. That of course makes sense, for one cannot obtain greater rights in the deponent state merely by filing in a foreign jurisdiction, then domesticating a subpoena.
Judge Kirtland will mail a ruling to both parties within 5 days. Either side may appeal his ruling within 30 days to the court of common pleas.
