reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 55 - Limitation of Time › Section 5574 - Effect of application for amendment to qualify for interlocutory appeal

§ 5574. Effect of application for amendment to qualify for interlocutory appeal.
If an application is made to a tribunal within 30 days after the entry of an interlocutory order not appealable as a matter of right for an amendment of such order to set forth expressly the statement specified in section 702(b) (relating to interlocutory appeals by permission), the time for filing a petition for permission to appeal from such order shall run from the entry of the order denying the amendment or amending the order, as the case may be.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Extra - Chapter Notes

Enactment.
Chapter 57 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Enactment.
Subchapter C was added December 20, 2000, P.L.939, No.126, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5701 - Right to bail

§ 5701. Right to bail.
All prisoners shall be bailable by sufficient sureties, unless:
(1) for capital offenses or for offenses for which the maximum sentence is life imprisonment; or
(2) no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great.
(Aug. 27, 2009, P.L.376, No.39, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5702 - Bail to be governed by general rules

§ 5702. Bail to be governed by general rules.
Except as otherwise provided by this title and the laws relating to the regulation of surety companies, all matters relating to the fixing, posting, forfeiting, exoneration and distribution of bail and recognizances shall be governed by general rules.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5741 - Definitions

§ 5741. Definitions.
The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Bail bondsman."
A person who engages in the business of giving bail as a surety for compensation.
"Department."
The Insurance Department of the Commonwealth.
"Insurer."
As defined in section 601-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.
"Office of the clerk."
The office of the clerk of the court of common pleas of each judicial district in which a person engages in the business of a bail bondsman.
"Professional bondsman."
(Deleted by amendment).
"Surety."
A person who pledges security, whether or not for compensation, in exchange for the release from custody of a person charged with a crime prior to adjudication.
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment.
See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5742 - Licensure required

§ 5742. Licensure required.
No person shall engage in, or continue to engage in, the business of a bail bondsman unless the person has been licensed by the department as an insurance producer under Article VI-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, and possesses a casualty line of authority.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment.
See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5743 - Issuance of license (Repealed)

§ 5743. Issuance of license (Repealed).
2015 Repeal.
Section 5743 was repealed July 2, 2015, P.L.110, No.53, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5743.1 - Authorization to conduct business within each county

§ 5743.1. Authorization to conduct business within each county.
A bail bondsman shall only be authorized to conduct business in a county when the bail bondsman provides all of the following documents to the office of the clerk:
(1) A copy of the license issued to the bail bondsman by the department.
(2) A statement identifying an office address for service of legal process.
(3) A qualifying power of attorney issued by an insurer authorizing the bail bondsman as a producer on behalf of the insurer. The qualifying power of attorney must set forth, in clear and unambiguous terms, the maximum monetary authority of the bail bondsman per bond.
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment.
Act 16 added section 5743.1. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5744 - Office

§ 5744. Office.
No privileges or rights conferred by any license issued under the provisions of this subchapter shall be exercised by a bail bondsman, unless such bail bondsman has and shall thereafter maintain an office that is geographically located in this Commonwealth and eligible to receive original process and other legal papers as set forth by the Pennsylvania Rules of Civil Procedure or other applicable court rule.
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment.
See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5746 - Suspension or revocation of authority to conduct business in a county

§ 5746. Suspension or revocation of authority to conduct business in a county.
(a) General rule.--
Upon petition of the district attorney or county solicitor to suspend or revoke the authority of a bondsman to conduct business in a county that has been granted under this subchapter, a rule shall issue out of the court of common pleas, returnable not less than ten days after the issuance thereof. It shall be sufficient service of the said rule upon any bail bondsman to send by certified mail, return receipt requested, to the address filed by the bail bondsman with the office of the clerk pursuant to this subchapter.
(b) Grounds for suspension or revocation.--
Any authority granted under the provisions of this subchapter may be suspended or revoked by any court of common pleas for good cause, or for any one or more of the following causes:
(1) Violation of any of the provisions of this subchapter.
(2) Fraudulently obtaining a license from the department or fraudulently obtaining authority to conduct business under the provisions of this subchapter.
(3) Upon conviction for any criminal offense under the laws of this Commonwealth or under the laws of the United States or any other jurisdiction.
(4) Upon being adjudged bankrupt or insolvent.
(5) Failing to pay any judgment rendered on any forfeited undertaking in any court of competent jurisdiction.
(6) Any interference or attempted interference with the administration of justice.
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment.
See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
Cross References. Section 5746 is referred to in sections 5747.1, 5750 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5747 - Statements by fidelity or surety companies (Repealed)

§ 5747. Statements by fidelity or surety companies (Repealed).
2015 Repeal.
Section 5747 was repealed July 2, 2015, P.L.110, No.16, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5748 - Maximum premiums (Repealed)

§ 5748. Maximum premiums (Repealed).
2015 Repeal.
Section 5748 was repealed July 2, 2015, P.L.110, No.16, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5748.1 - Private cause of action

§ 5748.1. Private cause of action.
(a) Self-policing.--
A bail bondsman or insurer who determines that a competitor has engaged in an activity that is in violation of any provision of this chapter may commence a cause of action seeking monetary damages, declaratory judgment or injunctive relief from the court of common pleas of the county in which the violation occurred. The violation must be proven by clear and convincing evidence.
(b) Frivolous actions.--
A bail bondsman or insurer who wrongfully commences a baseless action, knowingly without any merit or evidence, shall be subject to actual damages in the amount of the costs of the defense of the suit and punitive damages of an amount equal to those costs that constitute actual damages.
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment.
Act 16 added section 5748.1. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5749 - Prohibitions and penalties

§ 5749. Prohibitions and penalties.
(a) Licensing.--
Any person who engages in the business of a bail bondsman without being registered and licensed in accordance with the provisions of this subchapter, or who engages in such business while his license is suspended or revoked, commits a misdemeanor of the third degree.
(b) Overcharging.--
Any person charging or receiving directly or indirectly any greater compensation for acting as a bail bondsman than is provided by this subchapter commits a summary offense.
(c) Soliciting.--
Any person who accepts any fee or compensation for obtaining a bondsman or a recognizance commits a summary offense.
(d) Other violations.--
Any person who violates any section of this subchapter for which no specific penalty other than suspension or revocation of license is provided commits a summary offense.
(e) Public officials.--
Any law enforcement officer, any employee of a penal institution, or any other system or related personnel, who has, directly or indirectly, any pecuniary interest in or derives any profit from the bonding business or activity of a bail bondsman commits a summary offense.
(f) Public solicitation.--
Any bail bondsman who solicits business in any of the courts or on the premises of any tribunal of this Commonwealth, including any tribunal conducted by a magisterial district judge, commits a summary offense.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 2, 2015, P.L.110, No.16, eff. 120 days)
2105 Amendment.
See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 57 - Bonds and Recognizances › Section 5761 - Bail in drug offenses

§ 5761. Bail in drug offenses.
(a) Inquiry as to source.--
When fixing and accepting bail for a person charged with a violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, the magisterial district judge or judge shall determine the source of the currency, bonds, realty or other property used for the payment of the bail or the procurement of a surety bond, as the case may be, being posted by or on behalf of the defendant. The magisterial district judge or judge may request such information as needed to identify the direct or indirect sources, derivation or ownership of the currency or other property used for the payment of bail or procurement of a bond.
(b) Drug proceeds unacceptable.--
If the magisterial district judge or judge determines that the bail or surety bond is being financed from funds derived from violations of The Controlled Substance, Drug, Device and Cosmetic Act, the security shall not be accepted, and other security shall be required for the defendant to be admitted to bail.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 58 - Forfeiture of Assets › Section 5806 - Motion for return of property

§ 5806. Motion for return of property.
(a) Motion.--
The following shall apply:
(1) A person aggrieved by a search and seizure may move for the return of the property seized by filing a motion in the court of common pleas in the judicial district where the property is located.
(2) The filer under paragraph (1) must serve the Commonwealth.
(3) Upon proof of service, the court shall schedule a prompt hearing on the motion and shall notify the Commonwealth. A hearing on the motion shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the motion.
(4) The assigned judge may require the filing of an answer.
(5) If a forfeiture petition was filed by the Commonwealth before the filing of a motion for return of property, the motion shall be assigned to the same judge for disposition, as practicable.
(b) Contents of motion.--
A motion under this section shall:
(1) Be signed by the petitioner under penalty of perjury.
(2) Describe the nature and extent of the petitioner's right, title or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title or interest in the property and any additional facts supporting the petitioner's claim. The information shall include:
(i) A description of the property seized.
(ii) A statement of the time and place where seized, if known.
(iii) The owner, if known.
(iv) The person in possession, if known.
(3) Identify the relief sought, which may include:
(i) Return of the petitioner's property.
(ii) Reimbursement for the petitioner's legal interest in the property.
(iii) Severance of the petitioner's property from the forfeited property.
(iv) Any relief the court deems appropriate and just.
Special Provisions in Appendix.
See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures.
Cross References.
Section 5806 is referred to in section 5805 of this title; section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 58 - Forfeiture of Assets › Section 5807 - Restrictions on use

§ 5807. Restrictions on use.
Property, money or other things of value received by a State law enforcement authority under any of the following laws may not be used for contributions to political campaigns, expenses related to judicial trainings or the purchase of alcoholic beverages:
(1) A Federal law which authorizes the sharing or transfer of all or a portion of forfeited property or the proceeds of the sale of forfeited property to a State law enforcement authority.
(2) A State law which authorizes forfeiture.
Special Provisions in Appendix.
See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures.
Cross References.
Section 5807 is referred to in section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 58 - Forfeiture of Assets › Section 5807.1 - Prohibition on adoptive seizures

§ 5807.1. Prohibition on adoptive seizures.
State law enforcement authorities shall not refer seized property to a Federal agency seeking the adoption by the Federal agency of the seized property. Nothing under this chapter shall prohibit the Federal Government or any of its agencies from seeking Federal forfeiture of the same property under any Federal forfeiture law.
Special Provisions in Appendix.
See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures.
Cross References.
Section 5807.1 is referred to in section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 58 - Forfeiture of Assets › Section 5807.2 - Federal reporting requirements

§ 5807.2. Federal reporting requirements.
The audit required under section 5803(j) (relating to asset forfeiture) shall include a copy of each equitable sharing agreement and certification form filed with the United States Department of Justice within the last 12 months.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 58 - Forfeiture of Assets › Section 5808 - Exceptions

§ 5808. Exceptions.
(a) Contraband.--
Nothing in this chapter shall be construed to apply to the forfeiture of the following:
(1) Items bearing a counterfeit mark under 18 Pa.C.S. § 4119 (relating to trademark counterfeiting).
(2) Liquor, alcohol or malt or brewed beverages illegally manufactured or possessed under section 601 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(3) Unlawfully stamped cigarettes under section 307 of the act of December 30, 2003 (P.L.441, No.64), known as the Tobacco Product Manufacturer Directory Act.
(4) Unstamped cigarettes under section 1285 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
(b) Abandoned and unclaimed property.--
This chapter shall not apply to abandoned or unclaimed property under Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
Special Provisions in Appendix.
See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures.
Cross References.
Section 5808 is referred to in section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Extra - Chapter Notes

Enactment.
Chapter 59 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References.
Chapter 59 is referred to in section 5337 of this title.
Enactment.
Subchapter D was added February 21, 1986, P.L.41, No.14, effective in 60 days.
Cross References.
Subchapter D is referred to in section 6381 of Title 23 (Domestic Relations).
Enactment.
Subchapter E was added June 28, 2019, P.L.228, No.30, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5901 - Judicial oath

§ 5901. Judicial oath.
(a) General rule.--
Every witness, before giving any testimony shall take an oath in the usual or common form, by laying the hand upon an open copy of the Holy Bible, or by lifting up the right hand and pronouncing or assenting to the following words: "I, A. B., do swear by Almighty God, the searcher of all hearts, that I will , and that as I shall answer to God at the last great day." Which oath so taken by persons who conscientiously refuse to take an oath in the common form shall be deemed and taken in law to have the same effect as an oath taken in common form.
(b) Right to affirm.--
The affirmation may be administered in any judicial proceeding instead of the oath, and shall have the same effect and consequences, and any witness who desires to affirm shall be permitted to do so.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5902 - Effect of religious beliefs

§ 5902. Effect of religious beliefs.
(a) Religious opinions not to disqualify.--
The capacity of any person to testify in any judicial proceeding shall not be affected by his opinions on matters of religion.
(b) Religious belief may not be shown.--
No witness shall be questioned, in any judicial proceeding, concerning his religious belief; nor shall any evidence be heard upon the subject, for the purpose of affecting either his competency or credibility.
(c) Definitions.--
As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Judicial proceedings." Includes all matters of whatever nature, relating to practice in or authorized by any tribunal whether of record or not of record, within this Commonwealth.
"Witness." Includes every person who shall make statements, either oral or written, in any judicial proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5904 - Subpoena of witnesses

§ 5904. Subpoena of witnesses.
(a) Method of service.--
In addition to any other method of service provided by law, a subpoena may be served upon a witness in a criminal proceeding by registered or certified mail, return receipt requested, or by first class mail.
(b) Proof of service.--
A completed return receipt shall be prima facie evidence of service of the subpoena.
(c) Duration.--
A subpoena shall remain in force until the termination of the criminal proceeding.
(d) Bench warrants.--
Upon proof of service of a subpoena, the court may issue a bench warrant for any witness who fails to appear in response to a subpoena. However, such warrant cannot be issued if service has been by first class mail.
(Nov. 26, 1978, P.L.1264, No.301, eff. imd.)
1978 Amendment.
Act 301 added section 5904.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5905 - Subpoenas

§ 5905. Subpoenas.
Every court of record shall have power in any civil or criminal matter to issue subpoenas to testify, with or without a clause of duces tecum, into any county of this Commonwealth to witnesses to appear before the court or any appointive judicial officer. Subpoenas shall be in the form prescribed by general rules.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
1980 Amendment.
Act 142 added section 5905.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5912 - Effect of prior convictions

§ 5912. Effect of prior convictions.
No person shall be deemed incompetent or otherwise disqualified as a witness in any criminal proceeding by reason of the person's having been convicted of perjury or subornation of or solicitation to commit perjury, but such conviction may be shown for the purpose of affecting the person's credibility.
(Apr. 22, 1993, P.L.2, No.2, eff. imd.)
1993 Amendment.
Section 2 of Act 2 provided that the amendment of section 5912 shall apply to all criminal cases pending on the effective date of Act 2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5913 - Spouses as witnesses against each other

§ 5913. Spouses as witnesses against each other.
Except as otherwise provided in this subchapter, in a criminal proceeding a person shall have the privilege, which he or she may waive, not to testify against his or her then lawful spouse except that there shall be no such privilege:
(1) in proceedings for desertion and maintenance;
(2) in any criminal proceeding against either for bodily injury or violence attempted, done or threatened upon the other, or upon the minor children of said husband and wife, or the minor children of either of them, or any minor child in their care or custody, or in the care or custody of either of them;
(3) applicable to proof of the fact of marriage, in support of a criminal charge of bigamy alleged to have been committed by or with the other; or
(4) in any criminal proceeding in which one of the charges pending against the defendant includes murder, involuntary deviate sexual intercourse or rape.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 29, 1989, P.L.69, No.16, eff. imd.)
1989 Amendment.
Section 2 of Act 16 provided that Act 16 shall apply to all criminal cases pending on the effective date of Act 16.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5914 - Confidential communications between spouses

§ 5914. Confidential communications between spouses.
Except as otherwise provided in this subchapter, in a criminal proceeding neither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trial.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5915 - Testimony by spouse in rebuttal

§ 5915. Testimony by spouse in rebuttal.
In any criminal proceeding brought against the husband or wife, if the defendant makes defense at the trial upon any ground which attacks the character or conduct of his or her spouse, the spouse attacked shall be a competent witness in rebuttal for the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5916 - Confidential communications to attorney

§ 5916. Confidential communications to attorney.
In a criminal proceeding counsel shall not be competent or permitted to testify to confidential communications made to him by his client, nor shall the client be compelled to disclose the same, unless in either case this privilege is waived upon the trial by the client.
Cross References.
Section 5916 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure); section 6311.1 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5917 - Notes of evidence at former trial

§ 5917. Notes of evidence at former trial.
Whenever any person has been examined as a witness, either for the Commonwealth or for the defense, in any criminal proceeding conducted in or before a court of record, and the defendant has been present and has had an opportunity to examine or cross-examine, if such witness afterwards dies, or is out of the jurisdiction so that he cannot be effectively served with a subpoena, or if he cannot be found, or if he becomes incompetent to testify for any legally sufficient reason properly proven, notes of his examination shall be competent evidence upon a subsequent trial of the same criminal issue. For the purpose of contradicting a witness the testimony given by him in another or in a former proceeding may be orally proved.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5918 - Examination of defendant as to other offenses

§ 5918. Examination of defendant as to other offenses.
No person charged with any crime and called as a witness in his own behalf, shall be asked, or if asked, shall be required to answer, any question tending to show that he has committed, or been charged with, or been convicted of any offense other than the one wherewith he shall then be charged, or tending to show that he has been of bad character or reputation unless:
(1) he shall have at such trial, personally or by counsel, asked questions of the witness for the prosecution with a view to establish his own good reputation or character, or has given evidence tending to prove his own good character or reputation; or
(2) he shall have testified at such trial against a co-defendant, charged with the same offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5919 - Depositions in criminal matters

§ 5919. Depositions in criminal matters.
The testimony of witnesses taken in accordance with section 5325 (relating to when and how a deposition may be taken outside this Commonwealth) may be read in evidence upon the trial of any criminal matter unless it shall appear at the trial that the witness whose deposition has been taken is in attendance, or has been or can be served with a subpoena to testify, or his attendance otherwise procured, in which case the deposition shall not be admissible.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5921 - Interest not to disqualify

§ 5921. Interest not to disqualify.
In any civil matter before any tribunal of this Commonwealth, or conducted by virtue of its order or direction, no liability merely for costs nor the right to compensation possessed by an executor, administrator or other trustee, nor any interest merely in the question on trial, nor any other interest, or policy of law, except as is provided in this subchapter, shall make any person incompetent as a witness.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5922 - Disqualification by perjury

§ 5922. Disqualification by perjury.
In a civil matter, a person who has been convicted in a court of this Commonwealth of perjury, which term is hereby declared to include subornation of or solicitation to commit perjury, shall not be a competent witness for any purpose, although his sentence may have been fully complied with, unless the judgment of conviction be judicially set aside or reversed, or unless the matter is one to redress or prevent injury or violence attempted, done or threatened to his person or property, in which cases he shall be permitted to testify.
Cross References.
Section 5922 is referred to in section 5931 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5923 - Confidential communications between spouses

§ 5923. Confidential communications between spouses.
Except as otherwise provided in this subchapter, in a civil matter neither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trial.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Cross References.
Section 5923 is referred to in section 5931 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5924 - Spouses as witnesses against each other

§ 5924. Spouses as witnesses against each other.
(a) General rule.--
In a civil matter neither husband nor wife shall be competent or permitted to testify against each other.
(b) Exception.--
Subsection (a) shall not apply in an action or proceeding:
(1) For divorce, including ancillary proceedings for the partition or division of property.
(2) For support or relating to the protection or recovery of marital or separate property.
(3) For custody or care of children, including actions or proceedings relating to visitation rights and similar matters.
(4) Arising under 23 Pa.C.S. Ch. 61 (relating to protection from abuse).
(5) When a statute heretofore or hereafter enacted applicable to the action or proceeding provides either expressly or by necessary implication that spouses may testify therein against each other.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)
Cross References.
Section 5924 is referred to in section 5931 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5925 - Testimony by married person against spouse in rebuttal

§ 5925. Testimony by married person against spouse in rebuttal.
In any civil action brought against a married person, if the defendant makes defense at the trial upon any ground which attacks the character or conduct of the spouse, the spouse shall be a competent witness in rebuttal for the plaintiff.
(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5926 - Testimony by spouse after attack on character or conduct

§ 5926. Testimony by spouse after attack on character or conduct.
In all civil actions brought by either the husband or wife, either the husband or the wife shall be a competent witness in rebuttal, when his or her character or conduct is attacked upon the trial thereof, but only in regard to the matter of his or her character or conduct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5927 - Actions by spouse to recover separate property

§ 5927. Actions by spouse to recover separate property.
In any action brought by either the husband or wife to protect and recover the separate property of either, both shall be fully competent witnesses, except that neither may testify to confidential communications made by one or the other, unless this privilege is waived upon the trial.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5928 - Confidential communications to attorney

§ 5928. Confidential communications to attorney.
In a civil matter counsel shall not be competent or permitted to testify to confidential communications made to him by his client, nor shall the client be compelled to disclose the same, unless in either case this privilege is waived upon the trial by the client.
Cross References.
Section 5928 is referred to in sections 4415, 4436, 5931 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure); section 6311.1 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5929 - Physicians not to disclose information

§ 5929. Physicians not to disclose information.
No physician shall be allowed, in any civil matter, to disclose any information which he acquired in attending the patient in a professional capacity, and which was necessary to enable him to act in that capacity, which shall tend to blacken the character of the patient, without consent of said patient, except in civil matters brought by such patient, for damages on account of personal injuries.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc

§ 5930. Surviving party as witness, in case of death, mental incapacity, etc.
Except as otherwise provided in this subchapter, in any civil action or proceeding, where any party to a thing or contract in action is dead, or has been adjudged a lunatic and his right thereto or therein has passed, either by his own act or by the act of the law, to a party on the record who represents his interest in the subject in controversy, neither any surviving or remaining party to such thing or contract, nor any other person whose interest shall be adverse to the said right of such deceased or lunatic party, shall be a competent witness to any matter occurring before the death of said party or the adjudication of his lunacy, unless the action or proceeding is by or against the surviving or remaining partners, joint promisors or joint promisees, of such deceased or lunatic party, and the matter occurred between such surviving or remaining partners, joint promisors or joint promisees and the other party on the record, or between such surviving or remaining partners, promisors or promisees and the person having an interest adverse to them, in which case any person may testify to such matters; or, unless the action is a possessory action against several defendants, and one or more of said defendants disclaims of record any title to the premises in controversy at the time the suit was brought and also pays into court the costs accrued at the time of his disclaimer, or gives security therefor as the court in its discretion may direct, in which case such disclaiming defendant shall be a fully competent witness; or, unless the issue or inquiry be devisavit vel non, or be any other issue or inquiry respecting the property of a deceased owner, and the controversy is between parties respectively claiming such property by devolution on the death of such owner, in which case all persons shall be fully competent witnesses.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Cross References.
Section 5930 is referred to in sections 5931, 5932 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5931 - Incompetent witnesses

§ 5931. Incompetent witnesses.
No person who is incompetent under section 5922 (relating to disqualification by perjury), section 5923 (relating to confidential communications between spouses), section 5924 (relating to spouses as witnesses against each other) and section 5928 (relating to confidential communications to attorney) shall become competent by the general language of section 5930 (relating to surviving party as witness, in case of death, mental incapacity, etc.).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5932 - Witness competent to testify against interest; to become competent upon release of interest

§ 5932. Witness competent to testify against interest; to become competent upon release of interest.
Any person who is incompetent under section 5930 (relating to surviving party as witness, in case of death, mental incapacity, etc.) by reason of interest may nevertheless be called to testify against his own interest, and in that event he shall become a fully competent witness for either party. Such person shall also become fully competent for either party by filing of record a release or extinguishment of his interest.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5933 - Competency of surviving party

§ 5933. Competency of surviving party.
(a) General rule.--
In any civil action or proceeding before any tribunal of this Commonwealth, or conducted by virtue of its order or direction, although a party to the thing or contract in action may be dead or may have been adjudged a lunatic, and his right thereto or therein may have passed, either by his own act or by the act of the law, to a party on record who represents his interest in the subject in controversy, nevertheless any surviving or remaining party to such thing or contract or any other person whose interest is adverse to the said right of such deceased or lunatic party, shall be a competent witness to any relevant matter, although it may have occurred before the death of said party or the adjudication of his lunacy, if and only if such relevant matter occurred between himself and another person who may be living at the time of the trial and may be competent to testify, and who does so testify upon the trial against such surviving or remaining party or against the person whose interest may be thus adverse, or if such relevant matter occurred in the presence or hearing of such other living or competent person.
(b) Testimony by deposition.--
The testimony now made competent by subsection (a) may also be taken by commission or deposition in accordance with law, and, in that event, the deposition thus taken shall be competent evidence at the trial or hearing, although the person with whom or in whose presence or hearing such relevant matter occurred, may die or become incompetent after the taking of such deposition.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5934 - Notes of evidence at former trial

§ 5934. Notes of evidence at former trial.
Whenever any person has been examined as a witness in any civil matter before any tribunal of this Commonwealth or conducted by virtue of its order or direction, if such witness afterwards dies, or is out of the jurisdiction so that he cannot be effectively served with a subpoena, or if he cannot be found, or if he becomes incompetent to testify for any legally sufficient reason, and if the party, against whom notes of the testimony of such witness are offered, had actual or constructive notice of the examination and an opportunity to be present and examine or cross-examine, properly proven notes of the examination of such witness shall be competent evidence in any civil issue which may exist at the time of his examination, or which may be afterwards formed between the same parties and involving the same subject-matter as that upon which such witness was so examined. For the purpose of contradicting a witness, the testimony given by him in another or in a former proceeding may be orally proved.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5935 - Examination of person adversely interested

§ 5935. Examination of person adversely interested.
In any civil action or proceeding, whether or not it is brought or defended by a person representing the interests of a deceased or lunatic assignor of any thing or contract in action, a party to the record, or a person for whose immediate benefit such proceeding is prosecuted or defended, or any director or other officer of a person which is a party to the record, or for the immediate benefit of which such action or proceeding is prosecuted or defended, or any other person whose interest is adverse to the party calling him as a witness, may be compelled by the adverse party to testify as if under cross-examination, subject to the rules of evidence applicable to witnesses under cross-examination, and the adverse party calling such witnesses shall not be concluded by his testimony, but such person so cross-examined shall become thereby a fully competent witness for the other party as to all relevant matters whether or not these matters were touched upon in his cross-examination, and also, where one of the several plaintiffs or defendants, or the person for whose immediate benefit such proceeding is prosecuted or defended, or such director or officer, or such other person having an adverse interest, is cross-examined under this section, his coplaintiffs or codefendants, or fellow directors or officers, shall thereby become fully competent witnesses on their own behalf, or on behalf of the person of which they shall be directors or officers, as to all relevant matters, whether or not these matters were touched upon in such cross-examination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5936 - Medical testimony by deposition

§ 5936. Medical testimony by deposition.
(a) General rule.--
The testimony of any physician licensed to practice medicine may be taken by oral interrogation in the manner prescribed by general rule for the taking of depositions.
(b) Admissibility.--
A deposition taken under subsection (a) shall be admissible in a civil matter.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 added section 5936.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5941 - Persons who may be compelled to testify

§ 5941. Persons who may be compelled to testify.
(a) General rule.--
Except defendants actually upon trial in a criminal proceeding, any competent witness may be compelled to testify in any matter, civil or criminal; but he may not be compelled to answer any question which, in the opinion of the trial judge, would tend to incriminate him; nor may the neglect or refusal of any defendant, actually upon trial in a criminal proceeding, to offer himself as a witness, be treated as creating any presumption against him, or be adversely referred to by court or counsel during the trial.
(b) Judgment debtor.--
A judgment debtor may be compelled to answer all pertinent questions at any examination concerning his property, but he shall not be prosecuted, or subjected to any penalty or forfeiture, for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, except for perjury in giving such testimony.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5942 - Confidential communications to news reporters

§ 5942. Confidential communications to news reporters.
(a) General rule.--
No person engaged on, connected with, or employed by any newspaper of general circulation or any press association or any radio or television station, or any magazine of general circulation, for the purpose of gathering, procuring, compiling, editing or publishing news, shall be required to disclose the source of any information procured or obtained by such person, in any legal proceeding, trial or investigation before any government unit.
(b) Exception.--
The provisions of subsection (a) insofar as they relate to radio or television stations shall not apply unless the radio or television station maintains and keeps open for inspection, for a period of at least one year from the date of the actual broadcast or telecast, an exact recording, transcription, kinescopic film or certified written transcript of the actual broadcast or telecast.
Cross References.
Section 5942 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).