231 Pa. Code r. 1910.29

Current through Register Vol. 54, No. 45, November 9, 2024

Rule 1910.29 - Evidence in Support Matters

(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

____________

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:

____________

231 Pa. Code r. 1910.29

The provisions of this Rule 1910.29 amended November 7, 1988, effective 1/1/1989, 18 Pa.B. 5326; amended December 2, 1994, effective 3/1/1995, 24 Pa.B. 6263; amended May 31, 2000, effective 7/1/2000, 30 Pa.B. 3155; amended November 30, 2012, effective 12/30/2012, 42 Pa.B. 7522.