Plaintiff seeks to take the depositions of defendant who, although domiciled in Philadelphia, is now in the Navy and stationed outside Pennsylvania. This is not permitted under our procedure. The Federal rules have not yet been adopted by the Supreme Court of Pennsylvania as procedural rules. Under our practice the type of discovery which plaintiff here seeks can be allowed, if at all, only by bill of discovery.
Plaintiff also seeks to take the oral depositions of a witness who also is domiciled in Philadelphia but is now in the United States Navy stationed outside Pennsylvania. He seeks to do this upon 48 hours’ notice to
The rule is discharged.
