Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1910 - ACTIONS FOR SUPPORT › Rule 1910.29 - Evidence in Support Matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Record Hearing.
Except as provided in this rule, the
				Pennsylvania Rules of Evidence shall be followed in all record hearings
				conducted in an action for support. A verified petition, affidavit or document,
				and any document incorporated by reference therein which would not be excluded
				under the hearsay rule if given in person shall be admitted into evidence if
				(1) at least 20 days' written notice of the intention to offer them into
				evidence was given to the adverse party accompanied by a copy of each document
				to be offered; (2) the other party does not object to their admission into
				evidence; and (3) the evidence is offered under oath by the party or witness.
				An objection must be in writing and served on the proponent of the document
				within 10 days of the date of service of the notice of intention to offer the
				evidence. When an objection is properly made, the Pennsylvania Rules of
				Evidence shall apply to determine the admissibility of the document into
				evidence.
(b)
Medical
				Evidence.
(1)
Non-Record
				Proceeding.
In a non-record hearing, if a physician has determined
				that a medical condition affects a party's ability to earn income and that
				party obtains a Physician Verification Form from the domestic relations
				section, has it completed by the party's physician and submits it at the
				conference, it may be considered by the conference officer. If a party is
				receiving Social Security disability or workers' compensation benefits, the
				party shall submit copies of the disability or workers' compensation
				determination in lieu of the Physician Verification Form.
(2)
Record Proceeding.
If
				the matter proceeds to a record hearing and the party wishes to introduce the
				completed Physician Verification Form into evidence, he or she must serve the
				form on the other party not later than 20 days after the conference. The other
				party may file and serve an objection to the introduction of the form within 10
				days of the date of service. If an objection is made and the physician
				testifies, the trier of fact shall have the discretion to allocate the costs of
				the physician's testimony between the parties. If there is no objection, the
				form may be admitted into evidence without the testimony of the physician. In
				the event that the record hearing is held sooner than 30 days after the
				conference, the trier of fact may provide appropriate relief, such as granting
				a continuance to the objecting party.
(3) The Physician Verification Form shall be
				substantially in the following form:
IN THE COURT OF COMMON PLEAS
OF
____________
COUNTY
Member Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
PHYSICIAN VERIFICATION FORM
TO BE COMPLETED BY THE TREATING PHYSICIAN
Physician's name:
				  ______________________________________
Physician's license number:
				  ______________________________________
Nature of patient's sickness or injury:
______________________________________
______________________________________
______________________________________
Date of first treatment:
				  ______________________________________
Date of most recent treatment:
				  ______________________________________
Frequency of treatments:
				  ______________________________________
Medication: ______________________________________
The patient has had a medical condition that affects his or
				  her ability to earn income from:
____________
through
____________
If the patient is unable to work, when should the patient be
				  able to return to work? Will there be limitations?
______________________________________
______________________________________
Remarks:
______________________________________
______________________________________
Date:
____________
Signature of Treating Physician:
				  ______________________________________
Physician's address:
______________________________________
______________________________________
______________________________________
Physician's telephone number:
				  ______________________________________
I authorize my physician to release the above information to
				  the
____________
County Domestic Relations Section.
Patient's signature:
____________
Date:
____________