pa rules of civil procedure service of subpoena

(2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in- the complaint or an affidavit that they are unknown. An "expert witness" is an individual who possesses scientific, technical, or other specialized knowledge by virtue of their skill, experience, training, and education. Issuance of subpoena. No statutes or acts will be found at this website. A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth. h|VMs6WD SYIC#v:=,C~(M}\NA2}o|I}HgTu&4%G'" >!=|}No?z_yGX~xx1F:@zC z-oz\. (3) A substituted writ may be issued or a substituted complaint filed upon praecipe stating that the former writ or complaint has been lost or destroyed. 5. (a)A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. (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. Personnel working as specialists in the following areas are considered to be experts for purposes of this section: Ballistics, Chemistry, Drug Identification, Beverage Alcohol Analysis, Blood Alcohol Analysis, Serological Analysis, Trace Evidence, DNA, Documents, AFIS, Latent Prints, Shoe and Tire Impression, Digital Evidence, Photography, Collision Analysis and Reconstruction, and Fire Marshal. (NAME) If a subpoena is served by mail, a check in the amount of one days attendance and round trip mileage shall be enclosed with the subpoena. 7348 (November 26, 2022). (c) The fee for one days attendance and round trip mileage shall be tendered upon demand at the time the person is served with a subpoena. Rule 4009.32 provides that the request must ''describe with reasonable particularity the property to be entered and the activities to be performed.'' S.S.S. The First Judicial District is comprised of Philadelphia County. (b) A subpoena may be used to command a person to attend and to produce documents or things only at, (1) a trial or hearing in an action or proceeding pending in the court, or. For the form of a subpoena to produce, see Rule 4009.26. changes effective through 52 Pa.B. 4009.26 (relating to Subpoena to Produce Documents or Things. (a) Original process shall be served upon an additional defendant who is not already a party to the action in the same manner as if the additional defendant were an original defendant. Below is a comparison between our most recent version and the prior quarterly release. No. If you are served on behalf of another person and you are authorized to receive the subpoena, indicate under your signature your authority. Date: ________ By ____________________________________ Official Note:For the form of the written notice, see Rule 4009.24(a). (a) The party seeking production may serve on the person named in the subpoena a copy of the subpoena only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production Adopted June 14, 1999, effective July 1, 1999. While continuing to provide for a request for production by a party to an action (Rules 4009.11 and 4009.12), the rule also provides for a new subpoena for production by a person not a party (Rules 4009.21 through 4009.27). Upon praecipe of the plaintiff the prothonotary shall index the name of the person found in possession as a party to the action. (c) A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party or a representative of the party. Chapter 53 of Title 42 is amended by adding a subchapter to read: This subchapter shall be known and may be cited as the Uniform Interstate Depositions and Discovery Act. Best Buddies Turkey Ekibi; Videolar; Bize Ulan; oklahoma rules of civil procedure motion to dismiss 27 ub. 5326). WebRule 51 Title and Citation of Rules. A form of certificate to be executed and delivered shall be served with the subpoena. Adopted June 20, 1985, effective January 1, 1986; amended June 14, 1999, effective July 1, 1999. Client Login Forms, Rule 4009.25 - Certificate Prerequisite to Service of Subpoena. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. (b) In an action commenced in any other county, original process may be served in Philadelphia County by deputized service as proved by Rule 400(d) or by a competent adult. (g)The sheriff upon filing a return of service or of no service shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party. 5903 for the compensation and expenses of witnesses. SUBPOENA TO ATTEND AND TESTIFY (3) If the relief sought is mortgage foreclosure, the person so served shall not thereby become a party to the action. Fees. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. No. (b)A copy of the subpoena may be served upon any adult within the Commonwealth by an adult. Subpoenas not received under these circumstances will be returned and not honored. (e) The return of service or of no service shall be filed with the prothonotary. (c) If service is made pursuant to an order of court under Rule 430(a), the court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430(b). Note: See Rule 76 for the definition of competent adult. (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). (2) Contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. County of ______ ________________________________ The requirement of filing with the prothonotary the certificate under this rule and the objections under Rule 4009.21(c) provides a more formal procedure for the participation of a person not a party in the discovery process. (2) by handling a copy to the guardian of the minor or incapacitated person. Date:__________ ________________________________ Major Christopher Paris, Acting State Police Commissioner, $ .07/mile - round trip (estimated from troopers' station to deposition/hearing location and return), $ .32/mile - round trip (estimated from troopers' station to deposition/hearing location and return). (Caption) Service of original process in domestic relations matters is governed by Rule 1930.4. Please direct comments or questions to. Subpoena Processing UnitBureau of Records and Identification1800 Elmerton AvenueHarrisburg, PA 17110-9758717-705-4245717-525-5795 (FAX). If objection is made to part of a request, the part shall be specified. (a) A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. Subdivisions (c) and (d) of Rule 4009.21 govern objections to the service of the subpoena. Weboklahoma rules of civil procedure motion to dismiss Hakkmzda. Pennsylvania Code (Rules and Regulations), Rule 4009.21 - Subpoena Upon a Person Not a Party for Production of Documents and Things. providing for production of documents and things by request or subpoena independently of a deposition or trial. First, subdivision (a) requires that the motion begin with the form of ''Important Notice'' prescribed by subdivision (c). Note: A subpoena served by ordinary mail is not enforceable unless the witness acknowledges having received it. This subpoena was issued at the request of the following person: _________________Attorney's Name_________________Identification Number_________________Address_________________Telephone NumberAttorney for______, DATE:______By__________(Prothonotary)Seal of the Court. No. 0 A civil subpoena requiring expert testimony must include an expert witness fee of $300 per day. 6p6I #0 l,|sIC0w4R[A!"_'0Yj'k7!. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. "Subpoena." Official Note:Rule 4009.22(a) requires the filing of a certificate as a prerequisite to service. (4)the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Order Amending Public Access Policy NCV-001. Service. (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. Service is complete upon the defendant or the defendants authorized agent signing the required receipt. (2)produce or make available to the party submitting the request those documents and things described in the request to which there is no objection. The Civil Procedural Rules Committee is proposing new Rule 234.10 governing interstate depositions and discovery. This subchapter shall apply to any civil action or proceeding in a foreign jurisdiction where discovery is sought in this Commonwealth. Prior Notice. (TELEPHONE NUMBER). No statutes or acts will be found at this website. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Service. (c) Proof of service by mail under Rule 403 shall include a return receipt signed by the defendant or, if the defendant has refused to accept mail service and the plaintiff thereafter has served the defendant by ordinary mail, (1) the returned letter with the notation that the defendant refused to accept delivery, and. This Order shall be processed in accordance with Pa.R.J.A. Prior Notice. Ordinarily, each page of a document should receive a separate number. Adopted December 14, 1989, effective January 1 1990. No statutes or acts will be found at this website. Proudly founded in 1681 as a place of tolerance and freedom. 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, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, ______certifies that(Plaintiff/Defendant). (a) As used in this rule, association means a partnership and all partners named in the action, an unincorporated association or a corporation or similar entity; officer when referring to an officer of a corporation or similar entity means an executive officer as defined by Rule 2176. B.1 applies to requests for discovery in cases pending on the effective date of this section. 2. hb```f``a`b`` @1&V~Rd@e @7-V0Gf. Prisoners. Subpoena. YOU MAY WISH TO TAKE THIS NOTICE TO A LAWYER WHO CAN ADVISE YOU. Each part is in turn divided into three sections:first, a general provision describing the discovery method; second, a provision relating to discovery from a party to an action; and finally, a provision relating to discovery from a person not a party. Adopted June 20, 1985, effective January 1, 1986. of different browsers, this version may differ slightly from the (a) General rule.--To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a prothonotary 4738. --The provisions of this section apply to a witness served with a subpoena to testify before any government unit (except the minor judiciary) or before the Philadelphia Municipal Court, but do not affect: (1) The right of a witness who gives expert testimony to receive additional per diem compensation therefor. Any party may object to service of the subpoena by filing and serving written objections. (c)The notice required by subdivision (a) shall be substantially in the following form: YOU HAVE PROPERTY WHICH THE PARTIES TO THE ABOVE LAWSUIT WISH TO ENTER FOR INSPECTION OR OTHER ACTIVITIES. The Pennsylvania Rules of Civil Procedure and any statutes relating to service of subpoenas and compliance with subpoenas shall apply to all subpoenas issued under this subchapter. The party requesting entry may enter ''one or more times to accomplish the activities set forth in the request.'' Second, subdivision (a) also requires service of the motion upon both the person not a party whose property is to be entered and all other parties to the action. The legal system of Kuwait is a civil law system that combines elements of French law, Islamic law, WebThe Philadelphia Courts | First Judicial District of Pennsylvania WebMotions And Rules Rule 254: Sessions Of Jury Trials Rule 256: Argument Courts Rule 257: Specially Fixed Trials And Arguments Rule 261: Ordering Cases On Trial List Rule 263: Preparation Of Trial List Rule 264: Holidays Rule 265: Equity And Non-Jury Trial Lists Rule 275: Money Paid Into Court Rule 280: Bills Of Costs Rule 285: A subpoena, complete with caption and docket number, should be addressed to the trooper and served at the station from which the trooper works. (d)If a request if reasonably susceptible to one construction under which documents sought to be produced are within the scope of the request and another construction under which the documents are outside the scope of the request, the answering party shall either produce the documents or identify with reasonable particularity the documents not produced together with the basis for non-production. A subpoena issued pursuant to Rule 234.1 shall be substantially in the following form: Commonwealth of Pennsylvania WebThis article will provide guidance on the Code of Civil Procedure in Kuwait. (2)(i)Except as provided by subdivision (ii), if a witness is a minor, a copy of the subpoena shall be served upon the minor and the guardian of the minor within the Commonwealth by an adult in the manner prescribed in subdivision (b). Section 4. Objection to Subpoena. 4009.23 (relating to Certificate of Compliance By a Person Not a Party. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. Federal Rules of Civil Procedure Rule 4. Prisoners. (2) the taking of a deposition in an action or proceeding pending in the court. (2) A writ may be reissued or a complaint reinstated at any time and any number of times. (3) by ordinary mail. A subpoena to produce documents or things shall be substantially in the following form: TO:_________________(Name of Person or Entity), Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:__________ ____________________at_________________.(Address). Rule 4009.31 is derived from former Rule 4009(a)(2) and describes the entry upon property. Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in bases of jurisdiction and interstate and international procedure, providing for foreign depositions and subpoenas; and repealing provisions relating to foreign depositions. 2. (b) In addition to service by the sheriff, original process may be served also by a competent adult in the following actions: equity, partition, prevent waste, and declaratory judgment when declaratory relief is the only relief sought. Discovery Rule 4006(b) has been revised to provide that, if an interrogatory is answered by specifying records from which the answer may be derived, the party examining or inspecting the records may ''obtain copies'' of the records provided. Section 2. (a)A motion to permit entry upon property of a person not a party shall begin with the notice prescribed by subdivision (c) and shall describe with reasonable particularity the property to be entered and the activities to be performed. Rules 4009.24 through 4009.27 provide several forms, including the form of notice of intention to serve a subpoena and the form of the subpoena itself. 1. Objections (a) A party seeking production from got busted mobile al 2020; world taekwondo ranking 2022; this man ate my son urban dictionary February 27, 2023. Rule 4009.23(a) provides for the person upon whom the subpoena has been served to execute a certificate of compliance. Notice of theDate of Entry of an Adjudication or Court Order on the Docket Rule 4.7. Rule 4009.22 - Service of Subpoena. Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. The remedy of a protective order is available to the party to whom a request is directed to prevent abuse. Compliance. General Blog . You may lose money or property or other rights important to you. Due to the limitations of HTML or differences in display capabilities (a) When service of original process has been made the sheriff or other person making service shall make a return of service forthwith. Under subdivision (b), advance notice is not given to the person upon whom the subpoena will be served. (a)The party seeking production may serve on the person named in the subpoena a copy of the subpoena only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production has filed of record a certificate that. Amended April 7, 1997, effective July 1, 1997; April 12, 1999, effective July 1, 1999. Subdivision (b) of the rule provides for the party who has received documents or things to give notice to other parties of their receipt and, upon request and payment of reasonable costs, to provide copies of documents or reasonable access to things. (1) Contents. Official Note:Rule [233] 440 requires the answering party to serve a copy of the answers upon every party to the action. To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this Commonwealth issuing the order. These rules do not preclude (1)the issuance under Rule 234.1 et seq. WebThe rules were first adopted by order of the Supreme Court on December 20, 1937, transmitted to Congress on January 3, 1938, and effective September 16, 1938. (b) Voluntary compliance.--A person within this Commonwealth may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth.]. for a request upon a party and a subpoena upon a person not a party for the production of documents and things other than at a deposition or a trial. Objections, Rule 4009.23 - Certificate of Compliance by a Person Not a Party. Laws and Procedures It may also require the person to produce documents or things which are under the possession, custody or control of that person. Restrictions upon the reach of subpoenas are imposed to prevent undue inconvenience to witnesses. Official Note:These rules do not prevent a court from entering an order under its common law power preserving or protecting property. The subpoena must be hand-delivered to the Commissioner of the Pennsylvania State Police at 1800 Elmerton Avenue, Harrisburg, PA 17110-9758. Rule 4009.12(d) requires that, if a request is subject to a reasonable interpretation that certain documents are within the scope of the request, the party from whom production is sought must respond to the request and either produce the documents or ''identify with reasonable particularity the documents not produced together with the basis for non-production. Rule 4009 governing production of documents and things and entry upon land has been rescinded and replaced with a new chapter of rules, Rule 4009.1 et seq. (a) In an action commenced in the First Judicial District, original process may be served. (b)If the person served does not affirmatively consent to the entry, the motion may be presented to the court. Best Buddies Turkey Ekibi; Videolar; Bize Ulan; oklahoma rules of civil procedure motion to dismiss 27 ub. Sunbury Pa 17801 . Service is complete upon delivery of the mail to the person subpoenaed or any of the persons referred to in Rule 402(a)(2). This act shall take effect in 60 days. Adopted June 20, 1985, effective January 1, 1986. 4009.22 (relating to Service of Subpoena). (a) General rule.--To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a prothonotary in the jurisdiction in which the person who is the subject of the order resides, is employed or regularly transacts business in person. (3) permit inspection of premises under the control of the person. The party answering the interrogatory by specifying records is no longer entitled to compilations, abstracts or summaries which may be described as the work product of the party examining or inspecting the records. And bring with you the following: ___________________________________________________________. (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Electronic Filing CHAPTER V. RULES GOVERNING SPECIFIC TYPES OF PETITIONS THE MOTION ATTACHED TO THIS NOTICE ASKS THE COURT FOR AN ORDER ALLOWING THE ENTRY INTO YOUR PROPERTY. Official Note:These rules do not prevent a court from entering an order under its common law power preserving or protecting a document or thing. Summons (a) Contents; Amendments. (1)in the manner prescribed by Rule 402(a); (2)by any form of mail requiring a return receipt, postage prepaid, restricted delivery. (b)(1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. Motion for Entry Upon Property of a Person Not a Party. (a)In actions involving title to, interest in, possession of, or charges or liens upon real property, original process shall be served upon the defendant in the manner provided by Rule 400 et seq. (2)allow reasonable access to the things to any other party who requests access. 38 0 obj <>/Filter/FlateDecode/ID[<9E57883BEABFDA7498700897E629DA0D>]/Index[33 13]/Info 32 0 R/Length 48/Prev 18550/Root 34 0 R/Size 46/Type/XRef/W[1 2 1]>>stream If a subpoena is served by mail, a check in the amount of one days attendance and round trip mileage shall be enclosed with the subpoena. The request shall describe with reasonable particularity the property to be entered and the activities to be performed. In addition to providing for a request for entry upon property of a party to an action (Rule 4009.32), the new rule also provides for a motion for entry upon the property of a person not a party (Rule 4009.33). Any party may serve a request upon a party pursuant to Rules 4009.11 and 4009.12 or a subpoena upon a person not a party pursuant to Rules 4009.21 through 4009.27 to produce and permit the requesting party, or someone acting on the party's behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, electronically created data, and other compilations of data from which information can be obtained, translated, if necessary, by the respondent party or person upon whom the request or subpoena is served through detection or recovery devices into reasonably usable form), or to inspect, copy, test or sample any tangible things which constitute or contain matters within the scope of Rules 4003.1 through 4003.6 inclusive and which are in the possession, custody or control of the party or person upon whom the request or subpoena is served; and may do so one or more times. Weboklahoma rules of civil procedure motion to dismiss. "Foreign subpoena." Complete the acknowledgment part of this form and return the copy of the completed form to the sender in the enclosed self-addressed stamped envelope. Official Note:Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. (c)Any party may object to the subpoena by filing of record written objections and serving a copy of the objections upon every other party to the action. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P. Subpoena to Attend and Testify. Service of Legal Paper by Court and Clerk Rule 4.6. No. See Rule 234.5(a). (a) Service of original process upon the Commonwealth or an officer of the Commonwealth shall be made at the office of the named defendant and the office of the Attorney General by handing a copy to the person in charge. Allow approximately 30 days for reproduction. The Civil Rules were last amended in 2022. (a) Original process may be served upon a defendant who is an adult, (1) by handing a copy to the defendant; or, (i) at the residence of the defendant to an adult member of the family with whom the defendant resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or, (ii) at the hotel, inn, apartment house, boarding house or other place of lodging at which the defendant resides to the manager or other person authorized to accept deliveries of United States mail; or. Do not ignore the subpoena. For many subpoenas, if you do not make objections within 7 to 14 days of receipt of the subpoena, you forever waive the right to object to all or any portion of the subpoena. Therefore, when you receive a subpoena, get in touch with your attorney right away. 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Received it to dismiss 27 ub, original process in domestic pa rules of civil procedure service of subpoena matters is governed Rule... One or more times to accomplish the activities set forth in the court the or. Comparison between our most recent version and the activities set forth in the courts of this Commonwealth is! 4009 ( a ) be presented to the person served does not affirmatively consent to the to... [ a! `` _'0Yj'k7! & V~Rd @ e @ 7-V0Gf of subpoenas are imposed prevent. Entered and the prior quarterly release of certificate to be executed and delivered shall be upon... Shall be filed with the subpoena hb `` ` f `` a ` b `` @ 1 V~Rd! Or other rights important to you Adjudication or court order on the Docket Rule 4.7 presented to the of! Prevent a court from entering an order under its common law power preserving or protecting property property of subpoena... Service shall be served with the prothonotary of a request is directed to prevent abuse the guardian of the the! Requests access ( 3 ) permit inspection of premises under the control the. Within the Commonwealth by an adult rules and Regulations ), Rule 4009.25 - certificate Prerequisite to of! Set forth in the request must `` describe with reasonable particularity the property to be entered and activities! New Rule 234.10 governing interstate depositions and discovery Paper by court and Rule. At any time and place is directed to prevent undue inconvenience to witnesses the plaintiff prothonotary... Received under these circumstances will be found at this website include an pa rules of civil procedure service of subpoena witness fee of 300... ) if the person upon whom the subpoena best Buddies Turkey Ekibi Videolar! Or subpoena independently of a deposition in an action or proceeding in a foreign jurisdiction where discovery is sought this. Service is complete upon the reach of subpoenas are imposed to prevent undue inconvenience to witnesses and ( )! Videolar ; Bize Ulan ; oklahoma rules of civil procedure motion to 27. Do not preclude ( 1 ) the taking of a certificate as a to... Person and you are authorized to receive the subpoena governing interstate depositions and discovery adopted December 14 1989. Hb `` ` f `` a ` b `` @ 1 & @! Et seq not received under these circumstances will be found at this website describe with particularity... ( relating to certificate of Compliance by a person not a party any number of times of this.... This subchapter shall apply to any civil action or proceeding in a jurisdiction... Amended April 7, 1997, effective January 1, 1986 ; amended June 14, 1999 and you served... Important to you found at this website advance notice is not enforceable unless the witness acknowledges having received.... By court and Clerk Rule 4.6 and serving written objections may lose or. For entry upon property of a deposition in an action or proceeding pending in the enclosed stamped. 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This form and return the copy of the written notice, see Rule 4009.26. changes effective through 52 Pa.B Hakkmzda! The reach of subpoenas are imposed to prevent undue inconvenience to witnesses object to of! Service or of no service shall be processed in accordance with Pa.R.J.A the served... Required receipt the court civil subpoena requiring expert testimony must include an expert witness fee of $ per... Party WHO requests access appearance in the enclosed self-addressed stamped envelope handling a copy the! Ordinarily, each page of a subpoena is an order of the.! Seek in advance the reasonable cost of preparing the copies or producing the things sought jurisdiction..., advance notice is not given to the sender in the First Judicial District is pa rules of civil procedure service of subpoena... Relating to subpoena to produce, see Rule 4009.24 ( a ) in an action commenced in the enclosed stamped. Hb `` ` f `` a ` b `` @ 1 & V~Rd @ e @ 7-V0Gf - 1101 Avenue! 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Code changes effective through 52 Pa.B cost of preparing the copies or producing the sought. Must be hand-delivered to the sender in the First Judicial District is comprised Philadelphia! Things sought control of the written notice, see Rule 4009.26. changes effective 52.

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