Current through Register Vol. 54, No. 25, June 22, 2024
Rule 1380 - Preservation of Testimony After Commencement of ProceedingsA.By Court Order. 1) At any time after the commencement of proceedings, upon motion of any party, and after notice and hearing, the court may order the taking and preserving of the testimony of any witness who may be unavailable for the adjudicatory hearing or for any other proceeding, or when due to exceptional circumstances, it is in the interests of justice that the witness' testimony be preserved;2) The court shall state on the record the grounds on which the order is based;3) The court's order shall specify the time and place for the taking of the testimony, the manner in which the testimony shall be recorded and preserved, and the procedures for custody of the recorded testimony;4) The testimony shall be taken in the presence of the court, all parties and their attorneys, unless otherwise ordered; and5) The court shall rule on the admissibility of the preserved testimony if it is offered into evidence at the adjudicatory hearing or other judicial proceeding.B.By Agreement of the Parties.1) At any time after the commencement of proceedings, the testimony of any witness may be taken and preserved upon the express written agreement of all parties;2) The agreement shall specify the time and place for taking the testimony, the manner in which the testimony shall be recorded and preserved, and the procedures for custody of the recorded testimony;3) The testimony shall be taken in the presence of all parties and their attorneys unless they otherwise agree;4) The agreement shall be filed with the clerk of courts pursuant to Rule 1345(A); and5) The court shall rule on the admissibility of the preserved testimony if it is offered into evidence at the adjudicatory hearing or other judicial proceeding.The provisions of this Rule 1380 amended November 16, 2016, effective 1/1/2017, 46 Pa.B. 7526.