reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 408 - Compromise Offers and Negotiations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prohibited Uses.
Evidence of the following is not
			 admissible-on behalf of any party-either to prove or disprove the validity or
			 amount of a disputed claim or to impeach by a prior inconsistent statement or a
			 contradiction:
(1) furnishing, promising, or
			 offering-or accepting, promising to accept, or offering to accept-a valuable
			 consideration in compromising or attempting to compromise the claim;
			 and
(2) conduct or a statement made
			 during compromise negotiations about the claim.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 409 - Offers to Pay Medical and Similar Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
Evidence of furnishing, promising to pay, or offering to pay
				medical, hospital, or similar expenses resulting from an injury is not
				admissible to prove liability for the injury.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 410 - Pleas, Plea Discussions, and Related Statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prohibited Uses.
In a
			 civil or criminal case, evidence of the following is not admissible against the
			 defendant who made the plea or participated in the plea discussions:
(1) a guilty plea that was later
			 withdrawn;
(2) a
nolo
			 contendere
plea;
(3) a
			 statement made in the course of any proceedings under Rules 311, 313, 409, 414,
			 424, 550 or 590 of the Pennsylvania Rules of Criminal Procedure, Rule 11 of the
			 Federal Rules of Criminal Procedure, or a comparable rule or procedure of
			 another state; or
(4) a statement
			 made during plea discussions with an attorney for the prosecuting authority if
			 the discussions did not result in a guilty plea or they resulted in a later
			 withdrawn guilty plea.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 411 - Liability Insurance

Current through Register Vol. 54, No. 28, July 13, 2024
Evidence that a person was or was not insured against liability
				is not admissible to prove whether the person acted negligently or otherwise
				wrongfully. But the court may admit this evidence for another purpose, such as
				proving a witness's bias or prejudice or proving agency, ownership, or
				control.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 412 - Sex Offense Cases: The Victim's Sexual Behavior or Predisposition (Not Adopted)

Current through Register Vol. 54, No. 28, July 13, 2024
18 Pa.C.S. §
									3104
				provides:
§ 3104. Evidence of victim's sexual
				conduct
(a)
General
			 rule.
-Evidence of specific instances of the alleged victim's past
			 sexual conduct, opinion evidence of the alleged victim's past sexual conduct,
			 and reputation evidence of the alleged victim's past sexual conduct shall not
			 be admissible in prosecutions under this chapter except evidence of the alleged
			 victim's past sexual conduct with the defendant where consent of the alleged
			 victim is at issue and such evidence is otherwise admissible pursuant to the
			 rules of evidence.
(b)
Evidentiary proceedings.
-A defendant who proposes to offer
			 evidence of the alleged victim's past sexual conduct pursuant to subsection (a)
			 shall file a written motion and offer of proof at the time of trial. If, at the
			 time of trial, the court determines that the motion and offer of proof are
			 sufficient on their faces, the court shall order an in camera hearing and shall
			 make findings on the record as to the relevance and admissibility of the
			 proposed evidence pursuant to the standards set forth in subsection
			 (a).
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IV - RELEVANCE AND ITS LIMITS › Rule 413 - Evidence of Immigration Status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Criminal or Delinquency Matters;
			 Evidence Generally Inadmissible
. In any criminal or delinquency
			 matter, evidence of a party's or a witness's immigration status shall not be
			 admissible unless immigration status is an essential fact to prove an element
			 of, or a defense to, the offense, to show motive, or to show bias or prejudice
			 of a witness pursuant to Rule 607. This paragraph shall not be construed to
			 exclude evidence that would result in the violation of a defendant's or a
			 juvenile's constitutional rights.
(b)
Civil Matters; Evidence Generally
			 Inadmissible
. In any civil matter, evidence of a party's or a
			 witness's immigration status shall not be admissible unless immigration status
			 is an essential fact to prove an element of, or a defense to, the action, or to
			 show bias or prejudice of a witness pursuant to Rule 607.
(c)
Procedure
. Unless a
			 party did not know, and with due diligence could not have known, that evidence
			 of immigration status would be necessary, the following procedure shall apply
			 prior to any such proposed use of immigration status evidence:
(1) The proponent shall file under seal and
			 serve a written pretrial motion containing an offer of proof of the relevancy
			 of the proposed evidence supported by an affidavit.
(2) If the court finds that the offer of
			 proof is sufficient, the court shall order an
in camera
hearing.
(3) The court may admit
			 evidence of immigration status pursuant to paragraph (a) or paragraph (b) if it
			 finds the evidence is reliable and relevant, and that its probative value
			 outweighs the prejudicial nature of evidence of immigration
			 status.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 601 - Competency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
			 Rule.
Every person is competent to be a witness except as otherwise
			 provided by statute or in these rules.
(b)
Disqualification for Specific
			 Defects.
A person is incompetent to testify if the court finds that
			 because of a mental condition or immaturity the person:
(1) is, or was, at any relevant time,
			 incapable of perceiving accurately;
(2) is unable to express himself or herself
			 so as to be understood either directly or through an interpreter;
(3) has an impaired memory; or
(4) does not sufficiently understand the duty
			 to tell the truth.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 602 - Need for Personal Knowledge

Current through Register Vol. 54, No. 28, July 13, 2024
A witness may testify to a matter only if evidence is
				introduced sufficient to support a finding that the witness has personal
				knowledge of the matter. Evidence to prove personal knowledge may consist of
				the witness's own testimony. This rule does not apply to a witness's expert
				testimony under Rule 703.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 603 - Oath or Affirmation to Testify Truthfully

Current through Register Vol. 54, No. 28, July 13, 2024
Before testifying, a witness must give an oath or affirmation
				to testify truthfully. It must be in a form designed to impress that duty on
				the witness's conscience.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 606 - Juror's Competency as a Witness

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
At the Trial.
A juror
			 may not testify as a witness before the other jurors at the trial. If a juror
			 is called to testify, the court must give a party an opportunity to object
			 outside the jury's presence.
(b)
During an Inquiry into the Validity of a Verdict
(1)
Prohibited Testimony or Other
			 Evidence.
During an inquiry into the validity of a verdict, a juror
			 may not testify about any statement made or incident that occurred during the
			 jury's deliberations; the effect of anything on that juror's or another juror's
			 vote; or any juror's mental processes concerning the verdict. The court may not
			 receive a juror's affidavit or evidence of a juror's statement on these
			 matters.
(2)
Exceptions.
A juror may testify about whether:
(A) prejudicial information not of record and
			 beyond common knowledge and experience was improperly brought to the jury's
			 attention; or
(B) an outside
			 influence was improperly brought to bear on any
			 juror.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 607 - Who May Impeach a Witness, Evidence to Impeach a Witness

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Who May
			 Impeach a Witness.
Any party, including the party that called the
			 witness, may attack the witness's credibility.
(b)
Evidence to Impeach a
			 Witness.
The credibility of a witness may be impeached by any evidence
			 relevant to that issue, except as otherwise provided by statute or these
			 rules.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 608 - A Witness's Character for Truthfulness or Untruthfulness

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reputation Evidence.
A witness's credibility may be attacked
			 or supported by testimony about the witness's reputation for having a character
			 for truthfulness or untruthfulness. But evidence of truthful character is
			 admissible only after the witness's character for truthfulness has been
			 attacked. Opinion testimony about the witness's character for truthfulness or
			 untruthfulness is not admissible.
(b)
Specific Instances of
			 Conduct.
Except as provided in Rule 609 (relating to evidence of
			 conviction of crime),
(1) the character of a
			 witness for truthfulness may not be attacked or supported by cross-examination
			 or extrinsic evidence concerning specific instances of the witness' conduct;
			 however,
(2) in the discretion of
			 the court, the credibility of a witness who testifies as to the reputation of
			 another witness for truthfulness or untruthfulness may be attacked by
			 cross-examination concerning specific instances of conduct (not including
			 arrests) of the other witness, if they are probative of truthfulness or
			 untruthfulness; but extrinsic evidence thereof is not admissible.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 609 - Impeachment by Evidence of a Criminal Conviction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
In General.
For the
			 purpose of attacking the credibility of any witness, evidence that the witness
			 has been convicted of a crime, whether by verdict or by plea of guilty or
nolo contendere
, must be admitted if it involved dishonesty or
			 false statement.
(b)
Limit
			 on Using the Evidence After 10 Years.
This subdivision (b) applies if
			 more than 10 years have passed since the witness's conviction or release from
			 confinement for it, whichever is later. Evidence of the conviction is
			 admissible only if:
(1) its probative value
			 substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party
			 reasonable written notice of the intent to use it so that the party has a fair
			 opportunity to contest its use.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Control
			 by the Court; Purposes.
The court should exercise reasonable control
			 over the mode and order of examining witnesses and presenting evidence so as
			 to:
(1) make those procedures effective for
			 determining the truth;
(2) avoid
			 wasting time; and
(3) protect
			 witnesses from harassment or undue embarrassment.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 612 - Writing or Other Item Used to Refresh a Witness's Memory

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Right
			 to Refresh Memory.
A witness may use a writing or other item to
			 refresh memory for the purpose of testifying while testifying, or before
			 testifying.
(b)
Rights of
			 Adverse Party.
(1) If a witness uses
			 a writing or other item to refresh memory while testifying, an adverse party is
			 entitled to have it produced at the hearing, trial or deposition, to inspect
			 it, to cross-examine the witness about it, and to introduce in evidence any
			 portion that relates to the witness's testimony.
(2) If a witness uses a writing or other item
			 to refresh memory before testifying, and the court in its discretion determines
			 it is necessary in the interests of justice, an adverse party is entitled to
			 have it produced at the hearing, trial or deposition, to inspect it, to
			 cross-examine the witness about it, and to introduce in evidence any portion
			 that relates to the witness's testimony.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 613 - Witness's Prior Inconsistent Statement to Impeach; Witness's Prior Consistent Statement to Rehabilitate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Witness's Prior Inconsistent Statement to Impeach.
A witness
			 may be examined concerning a prior inconsistent statement made by the witness
			 to impeach the witness's credibility. The statement need not be shown or its
			 contents disclosed to the witness at that time, but on request, the statement
			 or contents must be shown or disclosed to an adverse party's
			 attorney.
(b)
Extrinsic
			 Evidence of a Witness's Prior Inconsistent Statement.
Unless the
			 interests of justice otherwise require, extrinsic evidence of a witness's prior
			 inconsistent statement is admissible only if, during the examination of the
			 witness,
(1) The statement, if written, is
			 shown to, or if not written, its contents are disclosed to, the
			 witness;
(2) The witness is given
			 an opportunity to explain or deny the making of the statement; and
(3) an adverse party is given an opportunity
			 to question the witness.
This paragraph does not apply to an opposing party's statement
				as defined in Rule 803(25).
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 614 - Court's Calling or Examining a Witness

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Calling.
Consistent with
			 its function as an impartial arbiter, the court, with notice to the parties,
			 may call a witness on its own or at a party's request. Each party is entitled
			 to cross-examine the witness.
(b)
Examining.
Where the interest of justice so requires, the
			 court may examine a witness regardless of who calls the witness.
(c)
Objections.
A party may
			 object to the court's calling or examining a witness when given notice that the
			 witness will be called or when the witness is examined. When requested to do
			 so, the court must give the objecting party an opportunity to make objections
			 out of the presence of the jury.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VI - WITNESSES › Rule 615 - Sequestering Witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
At a party's request the court may order witnesses sequestered
				so that they cannot learn of other witnesses' testimony. Or the court may do so
				on its own. But this rule does not authorize sequestering:
(a) a party who is a natural
			 person;
(b) an officer or employee
			 of a party that is not a natural person (including the Commonwealth) after
			 being designated as the party's representative by its attorney;
(c) a person whose presence a party shows to
			 be essential to presenting the party's claim or defense; or
(d) a person authorized by statute or rule to
			 be present.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VII - OPINIONS AND EXPERT TESTIMONY › Rule 701 - Opinion Testimony by Lay Witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
If a witness is not testifying as an expert, testimony in the
				form of an opinion is limited to one that is:
(a) rationally based on the witness's
			 perception;
(b) helpful to clearly
			 understanding the witness's testimony or to determining a fact in issue;
			 and
(c) not based on scientific,
			 technical, or other specialized knowledge within the scope of Rule
			 702.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VII - OPINIONS AND EXPERT TESTIMONY › Rule 702 - Testimony by Expert Witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
A witness who is qualified as an expert by knowledge, skill,
				experience, training, or education may testify in the form of an opinion or
				otherwise if:
(a) the expert's
			 scientific, technical, or other specialized knowledge is beyond that possessed
			 by the average layperson;
(b) the
			 expert's scientific, technical, or other specialized knowledge will help the
			 trier of fact to understand the evidence or to determine a fact in issue;
			 and
(c) the expert's methodology is
			 generally accepted in the relevant field.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VII - OPINIONS AND EXPERT TESTIMONY › Rule 703 - Bases of an Expert's Opinion Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
An expert may base an opinion on facts or data in the case that
				the expert has been made aware of or personally observed. If experts in the
				particular field would reasonably rely on those kinds of facts or data in
				forming an opinion on the subject, they need not be admissible for the opinion
				to be admitted.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VII - OPINIONS AND EXPERT TESTIMONY › Rule 706 - Court-Appointed Expert Witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
Where the court has appointed an expert witness, the witness
				appointed must advise the parties of the witness's findings, if any. The
				witness may be called to testify by the court or any party. The witness shall
				be subject to cross-examination by any party, including a party calling the
				witness. In civil cases, the witness's deposition may be taken by any
				party.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 801 - Definitions That Apply to This Article

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Statement.
"Statement"
			 means a person's oral assertion, written assertion, or nonverbal conduct, if
			 the person intended it as an assertion.
(b)
Declarant.
"Declarant"
			 means the person who made the statement.
(c)
Hearsay.
"Hearsay" means
			 a statement that
(1) the declarant does not
			 make while testifying at the current trial or hearing; and
(2) a party offers in evidence to prove the
			 truth of the matter asserted in the statement.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803 - Exceptions to the Rule Against Hearsay- Regardless of Whether the Declarant Is Available as a Witness

Current through Register Vol. 54, No. 28, July 13, 2024
The following are not excluded by the rule against hearsay,
				regardless of whether the declarant is available as a
				witness:
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(1) - Present Sense Impression

Current through Register Vol. 54, No. 28, July 13, 2024
(1)
Present Sense Impression.
A statement describing or explaining
			 an event or condition, made while or immediately after the declarant perceived
			 it. When the declarant is unidentified, the proponent shall show by independent
			 corroborating evidence that the declarant actually perceived the event or
			 condition.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(2) - Excited Utterance

Current through Register Vol. 54, No. 28, July 13, 2024
(2)
Excited Utterance.
A statement relating to a startling event
			 or condition, made while the declarant was under the stress of excitement that
			 it caused. When the declarant is unidentified, the proponent shall show by
			 independent corroborating evidence that the declarant actually perceived the
			 startling event or condition.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(3) - Then-Existing Mental, Emotional, or Physical Condition

Current through Register Vol. 54, No. 28, July 13, 2024
(3)
Then-Existing Mental, Emotional,
			 or Physical Condition
. A statement of the declarant's then-existing
			 state of mind (such as motive, intent, or plan) or emotional, sensory, or
			 physical condition (such as mental feeling, pain, or bodily health), but not
			 including a statement of memory or belief to prove the fact remembered or
			 believed unless it relates to the validity or terms of the declarant's
			 will.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(4) - Statement Made for Medical Diagnosis or Treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(4)
Statement Made for Medical
			 Diagnosis or Treatment.
A statement that:
(A) is made for-and is reasonably pertinent
			 to-medical treatment or diagnosis in contemplation of treatment; and
(B) describes medical history, past or
			 present symptoms, pain, or sensations, or the inception or general character of
			 the cause or external source thereof, insofar as reasonably pertinent to
			 treatment, or diagnosis in contemplation of treatment.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(6) - Records of a Regularly Conducted Activity

Current through Register Vol. 54, No. 28, July 13, 2024
(6)
Records of a Regularly Conducted
			 Activity.
A record (which includes a memorandum, report, or data
			 compilation in any form) of an act, event or condition if:
(A) the record was made at or near the time
			 by-or from information transmitted by-someone with knowledge;
(B) the record was kept in the course of a
			 regularly conducted activity of a "business", which term includes business,
			 institution, association, profession, occupation, and calling of every kind,
			 whether or not conducted for profit;
(C) making the record was a regular practice
			 of that activity;
(D) all these
			 conditions are shown by the testimony of the custodian or another qualified
			 witness, or by a certification that complies with Rule 902(11) or (12) or with
			 a statute permitting certification; and
(E) the opponent does not show that the
			 source of information or other circumstances indicate a lack of
			 trustworthiness.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(8) - Public Records

Current through Register Vol. 54, No. 28, July 13, 2024
(8)
Public
			 Records.
A record of a public office if:
(A) the record describes the facts of the
			 action taken or matter observed;
(B) the recording of this action or matter
			 observed was an official public duty; and
(C) the opponent does not show that the
			 source of the information or other circumstances indicate a lack of
			 trustworthiness.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(10) - Non-Existence of a Public Record

Current through Register Vol. 54, No. 28, July 13, 2024
(10)
Non-Existence of a Public Record
. Testimony-or a
			 certification-that a diligent search failed to disclose a public record if:
(A) The testimony or certification is
			 admitted to prove that
(i) The record does not
			 exist; or
(ii) a matter did not
			 occur or exist, if a public office regularly kept a record for a matter of that
			 kind.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(11) - Records of Religious Organizations Concerning Personal or Family History

Current through Register Vol. 54, No. 28, July 13, 2024
(11)
Records of Religious Organizations Concerning Personal or Family
			 History.
A statement of birth, legitimacy, ancestry, marriage,
			 divorce, death, relationship by blood or marriage, or similar facts of personal
			 or family history, contained in a regularly kept record of a religious
			 organization.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(12) - Certificates of Marriage, Baptism, and Similar Ceremonies

Current through Register Vol. 54, No. 28, July 13, 2024
(12)
Certificates of Marriage,
			 Baptism, and Similar Ceremonies.
A statement of fact contained in a
			 certificate:
(A) made by a person who is
			 authorized by a religious organization or by law to perform the act
			 certified;
(B) attesting that the
			 person performed a marriage or similar ceremony or administered a sacrament;
			 and
(C) purporting to have been
			 issued at the time of the act or within a reasonable time after it.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(13) - Family Records

Current through Register Vol. 54, No. 28, July 13, 2024
(13)
Family Records.
A statement of fact about personal or family
			 history contained in a family record, such as a Bible, genealogy, chart,
			 engraving on a ring, inscription on a portrait, or engraving on an urn or
			 burial marker.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(14) - Records of Documents That Affect an Interest in Property

Current through Register Vol. 54, No. 28, July 13, 2024
(14)
Records of Documents That Affect
			 an Interest in Property.
The record of a document that purports to
			 establish or affect an interest in property if:
(A) The record is admitted to prove the
			 content of the original recorded document, along with its signing and its
			 delivery by each person who purports to have signed it;
(B) The record is kept in a public office;
			 and
(C) a statute authorizes
			 recording documents of that kind in that office.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(15) - Statements in Documents That Affect an Interest in Property

Current through Register Vol. 54, No. 28, July 13, 2024
(15)
Statements in Documents That
			 Affect an Interest in Property.
A statement contained in a document,
			 other than a will, that purports to establish or affect an interest in property
			 if the matter stated was relevant to the document's purpose-unless later
			 dealings with the property are inconsistent with the truth of the statement or
			 the purport of the document.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(17) - Market Reports and Similar Commercial Publications

Current through Register Vol. 54, No. 28, July 13, 2024
(17)
Market Reports and Similar
			 Commercial Publications.
Market quotations, lists, directories, or
			 other compilations that are generally relied on by the public or by persons in
			 particular occupations.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(18) - Statements in Learned Treatises, Periodicals, or Pamphlets (Not Adopted)

Current through Register Vol. 54, No. 28, July 13, 2024
(18)
Statements in Learned Treatises, Periodicals, or Pamphlets (Not
			 Adopted)
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(19) - Reputation Concerning Personal or Family History

Current through Register Vol. 54, No. 28, July 13, 2024
(19)
Reputation Concerning Personal
			 or Family History.
A reputation among a person's family by blood,
			 adoption, or marriage-or among a person's associates or in the
			 community-concerning the person's birth, adoption, legitimacy, ancestry,
			 marriage, divorce, death, relationship by blood, adoption, or marriage, or
			 similar facts of personal or family history.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(20) - Reputation Concerning Boundaries or General History

Current through Register Vol. 54, No. 28, July 13, 2024
(20)
Reputation Concerning Boundaries
			 or General History.
A reputation in a community-arising before the
			 controversy-concerning boundaries of land in the community or customs that
			 affect the land, or concerning general historical events important to that
			 community, state or nation.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803(25) - An Opposing Party's Statement

Current through Register Vol. 54, No. 28, July 13, 2024
(25)
An Opposing Party's
			 Statement.
The statement is offered against an opposing party and:
(A) was made by the party in an individual or
			 representative capacity;
(B) is one
			 the party manifested that it adopted or believed to be true;
(C) was made by a person whom the party
			 authorized to make a statement on the subject;
(D) was made by the party's agent or employee
			 on a matter within the scope of that relationship and while it existed;
			 or
(E) was made by the party's
			 coconspirator during and in furtherance of the conspiracy.
The statement may be considered but does not by itself
				establish the declarant's authority under (C); the existence or scope of the
				relationship under (D); or the existence of the conspiracy or participation in
				it under (E).
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 803.1 - Exceptions to the Rule Against Hearsay-Testimony of Declarant Necessary

Current through Register Vol. 54, No. 28, July 13, 2024
The following statements are not excluded by the rule against
				hearsay if the declarant testifies and is subject to cross-examination about
				the prior statement:
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 804 - Exceptions to the Rule Against Hearsay- When the Declarant is Unavailable as a Witness

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Criteria for Being Unavailable.
A declarant is considered to
			 be unavailable as a witness if the declarant:
(1) is exempted from testifying about the
			 subject matter of the declarant's statement because the court rules that a
			 privilege applies;
(2) refuses to
			 testify about the subject matter despite a court order to do so;
(3) testifies to not remembering the subject
			 matter, except as provided in Rule 803.1(4);
(4) cannot be present or testify at the trial
			 or hearing because of death or a then-existing infirmity, physical illness, or
			 mental illness; or
(5) is absent
			 from the trial or hearing and the statement's proponent has not been able, by
			 process or other reasonable means, to procure:
(A) the declarant's attendance, in the case
			 of a hearsay exception under Rule 804(b)(1) or (6); or
(B) the declarant's attendance or testimony,
			 in the case of a hearsay exception under Rule 804(b)(2), (3), or (4).
But this paragraph (a) does not apply if the statement's
				proponent procured or wrongfully caused the declarant's unavailability as a
				witness in order to prevent the declarant from attending or testifying.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 804(b) - The Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(b)
The Exceptions.
The following are not excluded by the rule
			 against hearsay if the declarant is unavailable as a witness:
(1)
Former Testimony.
Testimony that:
(A) was given as a witness at
			 a trial, hearing, or lawful deposition, whether given during the current
			 proceeding or a different one; and
(B) is now offered against a party who
			 had-or, in a civil case, whose predecessor in interest had-an opportunity and
			 similar motive to develop it by direct, cross-, or redirect
			 examination.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article VIII - HEARSAY › Rule 806 - Attacking and Supporting the Declarant's Credibility

Current through Register Vol. 54, No. 28, July 13, 2024
When a hearsay statement has been admitted in evidence, the
				declarant's credibility may be attacked, and then supported, by any evidence
				that would be admissible for those purposes if the declarant had testified as a
				witness. The court may admit evidence of the declarant's inconsistent statement
				or conduct, regardless of when it occurred or whether the declarant had an
				opportunity to explain or deny it. If the party against whom the statement was
				admitted calls the declarant as a witness, the party may examine the declarant
				on the statement as if on cross-examination.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IX - AUTHENTICATION AND IDENTIFICATION › Rule 901 - Authenticating or Identifying Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
In General
. Unless stipulated, to satisfy the requirement of
			 authenticating or identifying an item of evidence, the proponent must produce
			 evidence sufficient to support a finding that the item is what the proponent
			 claims it is.
(b)
Examples
. The following are examples only-not a complete
			 list-of evidence that satisfies the requirement:
(1)
Testimony of a Witness with
			 Knowledge
. Testimony that an item is what it is claimed to
			 be.
(2)
Nonexpert Opinion
			 about Handwriting
. A nonexpert's opinion that handwriting is genuine,
			 based on a familiarity with it that was not acquired for the current
			 litigation.
(3)
Comparison
			 by an Expert Witness or the Trier of Fact
. A comparison with an
			 authenticated specimen by an expert witness or the trier of fact.
(4)
Distinctive Characteristics and
			 the Like
. The appearance, contents, substance, internal patterns, or
			 other distinctive characteristics of the item, taken together with all the
			 circumstances.
(5)
Opinion
			 About a Voice
. An opinion identifying a person's voice-whether heard
			 firsthand or through mechanical or electronic transmission or recording-based
			 on hearing the voice at any time under circumstances that connect it with the
			 alleged speaker.
(6)
Evidence About a Telephone Conversation
. For a telephone
			 conversation, evidence that a call was made to the number assigned at the time
			 to:
(A) a particular person, if circumstances,
			 including self-identification, show that the person answering was the one
			 called; or
(B) a particular
			 business, if the call was made to a business and the call related to business
			 reasonably transacted over the telephone.
(7)
Evidence About Public
			 Records
. Evidence that:
(A) a
			 document was recorded or filed in a public office as authorized by law;
			 or
(B) a purported public record or
			 statement is from the office where items of this kind are kept.
(8)
Evidence About Ancient
			 Documents or Data Compilations
. For a document or data compilation,
			 evidence that it:
(A) is in a condition that
			 creates no suspicion about its authenticity;
(B) was in a place where, if authentic, it
			 would likely be; and
(C) is at
			 least 30 years old when offered.
(9)
Evidence About a Process or
			 System
. Evidence describing a process or system and showing that it
			 produces an accurate result.
(10)
Methods Provided by a Statute or a Rule
. Any method of
			 authentication or identification allowed by a statute or a rule prescribed by
			 the Supreme Court.
(11)
Digital Evidence
. To connect digital evidence with a person or
			 entity:
(A) direct evidence such as testimony
			 of a person with personal knowledge; or
(B) circumstantial evidence such as:
(i) identifying content; or
(ii) proof of ownership, possession, control,
			 or access to a device or account at the relevant time when corroborated by
			 circumstances indicating authorship.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article IX - AUTHENTICATION AND IDENTIFICATION › Rule 902 - Evidence That is Self-Authenticating

Current through Register Vol. 54, No. 28, July 13, 2024
The following items of evidence are self-authenticating; they
				require no extrinsic evidence of authenticity in order to be admitted:
(1)
Domestic Public Documents That
			 Are Sealed and Signed
. A document that bears:
(A) a seal purporting to be that of the
			 United States; any state, district, commonwealth, territory, or insular
			 possession of the United States; the former Panama Canal Zone; the Trust
			 Territory of the Pacific Islands; a political subdivision of any of these
			 entities; or a department, agency, or officer of any entity named above;
			 and
(B) a signature purporting to
			 be an execution or attestation.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1001 - Definitions That Apply to This Article

Current through Register Vol. 54, No. 28, July 13, 2024
In this article:
(a) A
			 "writing" consists of letters, words, numbers, or their equivalent set down in
			 any form.
(b) A "recording"
			 consists of letters, words, numbers, or their equivalent recorded in any
			 manner.
(c) A "photograph" means a
			 photographic image or its equivalent stored in any form.
(d) An "original" of a writing or recording
			 means the writing or recording itself or any counterpart intended to have the
			 same effect by the person who executed or issued it. For electronically stored
			 information, "original" means any printout-or other output readable by sight-if
			 it accurately reflects the information. An "original" of a photograph includes
			 the negative or a print from it.
(e) A "duplicate" means a copy produced by a
			 mechanical, photographic, chemical, electronic, or other equivalent process or
			 technique that accurately reproduces the original.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1002 - Requirement of the Original

Current through Register Vol. 54, No. 28, July 13, 2024
An original writing, recording, or photograph is required in
				order to prove its content unless these rules, other rules prescribed by the
				Supreme Court, or a statute provides otherwise.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1003 - Admissibility of Duplicates

Current through Register Vol. 54, No. 28, July 13, 2024
A duplicate is admissible to the same extent as the original
				unless a genuine question is raised about the original's authenticity or the
				circumstances make it unfair to admit the duplicate.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1004 - Admissibility of Other Evidence of Content

Current through Register Vol. 54, No. 28, July 13, 2024
An original is not required and other evidence of the content
				of a writing, recording, or photograph is admissible if:
(a) all the originals are lost or destroyed,
			 and not by the proponent acting in bad faith;
(b) an original cannot be obtained by any
			 available judicial process;
(c) the
			 party against whom the original would be offered had control of the original;
			 was at that time put on notice, by pleadings or otherwise, that the original
			 would be a subject of proof at the trial or hearing; and fails to produce it at
			 the trial or hearing; or
(d) the
			 writing, recording, or photograph is not closely related to a controlling
			 issue.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1005 - Copies of Public Records to Prove Content

Current through Register Vol. 54, No. 28, July 13, 2024
The proponent may use a copy to prove the content of an
				official record-or of a document that was recorded or filed in a public office
				as authorized by law-if these conditions are met: the record or document is
				otherwise admissible; and the copy is certified as correct in accordance with
				Rule 902(4) or is testified to be correct by a witness who has compared it with
				the original. If no such copy can be obtained by reasonable diligence, then the
				proponent may use other evidence to prove the content.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1006 - Summaries to Prove Content

Current through Register Vol. 54, No. 28, July 13, 2024
The proponent may use a summary, chart, or calculation to prove
				the content of voluminous writings, recordings, or photographs that cannot be
				conveniently examined in court. The proponent must make the originals or
				duplicates available for examination or copying, or both, by other parties at a
				reasonable time and place. And the court may order the proponent to produce
				them in court.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1007 - Testimony or Statement of a Party to Prove Content

Current through Register Vol. 54, No. 28, July 13, 2024
The proponent may prove the content of a writing, recording, or
				photograph by the testimony, deposition, or written statement of the party
				against whom the evidence is offered. The proponent need not account for the
				original.
Pennsylvania Code › Title 225 - RULES OF EVIDENCE › Article X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS › Rule 1008 - Functions of the Court and Jury

Current through Register Vol. 54, No. 28, July 13, 2024
Ordinarily, the court determines whether the proponent has
				fulfilled the factual conditions for admitting other evidence of the content of
				a writing, recording, or photograph under Rule 1004 or 1005. But in a jury
				trial, the jury determines-in accordance with Rule 104(b)-any issue about
				whether:
(a) an asserted writing,
			 recording, or photograph ever existed;
(b) another one produced at the trial or
			 hearing is the original; or
(c)
			 other evidence of content accurately reflects the content.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 100 - RULES OF CONSTRUCTION › Rule 52 - Effective Date. Application to Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A rule or an amendment to a rule shall be
				effective upon the date specified by the Supreme Court.
(b) If no effective date is specified, the
				rule or amendment shall be effective on the first day of July or January
				following the thirtieth day after its adoption, whichever is earlier.
(c) Unless the Supreme Court specifies
				otherwise, a rule or an amendment to a rule shall apply to actions pending on
				the effective date.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 100 - RULES OF CONSTRUCTION › Rule 105 - Bonds

Current through Register Vol. 54, No. 28, July 13, 2024
A rule requiring a bond or undertaking with sureties to be
				  given by any person, shall be construed to permit in lieu thereof a bond given
				  by any indemnity or surety company authorized to do business in this
				  Commonwealth, and approved by the proper authority.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 100 - RULES OF CONSTRUCTION › Rule 126 - Application and Construction of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Application. The rules shall be liberally applied to secure the just, speedy,
				and inexpensive determination of every action or proceeding to which they are
				applicable. The court at every stage of any such action or proceeding may
				disregard any error or defect of procedure which does not affect the
				substantive rights of the parties.
(b) Construction. In the construction of the
				Pennsylvania Rules of Civil Procedure, the principles set forth in Pa.R.J.A.
				104 to 115 shall be observed.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 201 - Agreements of Attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
Agreements of attorneys relating to the business of the court
				  shall be in writing, except such agreements at bar as are noted by the
				  prothonotary upon the minutes or by the stenographer on the stenographer's
				  notes.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 204.1 - Pleadings and other Legal Papers. Format

Current through Register Vol. 54, No. 28, July 13, 2024
All pleadings, motions and other legal papers must conform to
				  the following requirements:
(1) The
				document shall be on 8 1/2 inch by 11 inch paper.
(2) The document shall be prepared on white
				paper (except for dividers and similar sheets) of good quality.
(3) The first sheet shall contain a 3-inch
				space from the top of the paper for all court stampings, filing notices,
				etc.
(4) The text must be double
				spaced, but quotations more than two lines long may be indented and single
				spaced. Margins must be at least one inch on all four sides.
(5) The lettering shall be clear and legible
				and no smaller than point 12. The lettering shall be on only one side of a
				page, except that exhibits and similar supporting documents may be lettered on
				both sides of a page.
(6) Documents
				and papers shall be firmly bound.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 205.1 - Filing Legal Papers. Mailing. Personal Presentation by Attorney Not Necessary

Current through Register Vol. 54, No. 28, July 13, 2024
Any legal paper not requiring the signature of, or action by,
				  a judge prior to filing may be delivered or mailed to the prothonotary, sheriff
				  or other appropriate officer accompanied by the filing fee
,
if
				  any. Neither the party nor the party's attorney need appear personally and
				  present such paper to the officer. The signature of an attorney on a paper
				  constitutes a certification of authorization to file it. The endorsement of an
				  address where papers may be served in the manner provided by Rule 440(a) shall
				  constitute a sufficient registration of address. The notation on the paper of
				  the attorney's current Supreme Court identification number issued by the Court
				  Administrator of Pennsylvania shall constitute proof of the right to practice
				  in the Commonwealth. A paper sent by mail shall not be deemed filed until
				  received by the appropriate officer.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 205.2 - Filing Legal Papers with the Prothonotary

Current through Register Vol. 54, No. 28, July 13, 2024
No pleading or other legal paper that complies with the
				  Pennsylvania Rules of Civil Procedure shall be refused for filing by the
				  prothonotary based on a requirement of a local rule of civil procedure or
				  judicial administration, including local Rules
				  205.2(a) and
				  205.2(b).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 205.3 - Filing Pleadings and Other Legal Papers with the Prothonotary. Originals and Copies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may
				file with the prothonotary an original pleading or other legal paper, or a copy
				including a facsimile copy provided that the copy shows that the original
				pleading or other legal paper was properly signed and, where applicable,
				verified. Except as otherwise provided by law, the copy shall be deemed the
				equivalent of the original document.
(b
				) If a party has filed of record a copy of a pleading or other
				legal paper, any other party may require the filing of the original document by
				filing with the prothonotary and serving upon the party who filed the copy a
				notice to file the original document with the prothonotary within fourteen days
				of the filing of the notice.