Current through Register Vol. 54, No. 24, June 15, 2024
Section 5.405 - Effect of pleadings(a) Pleadings listed in § 5.1 (relating to pleadings allowed) shall, without further action, be considered as part of the record as pleadings.(b) Except as provided in subsection (c) and in the case of a noncontested proceeding, a pleading, or any part thereof may not be considered as evidence of a fact other than that of filing thereof unless offered and received into evidence.(c) A fact admitted by a party in an answer, filed under oath, to a numbered allegation in a pleading may be considered as evidence of the fact without the pleading and answer being offered and received into evidence.(d) Subsections (a) and (b) supersede 1 Pa. Code § 35.125(d) (relating to order of procedure). Subsection (c) supersedes 1 Pa. Code § 35.35 (relating to answers to complaints and petitions).The provisions of this § 5.405 adopted October 12, 1984, effective 1/1/1985, 14 Pa.B. 3819; amended December 2, 1988, effective 1/3/1989, 18 Pa.B. 5451; amended April 28, 2006, effective 4/29/2006, 36 Pa.B. 2097.The provisions of this § 5.405 amended under the Public Utility Code, 66 Pa.C.S. § § 309-311, 315, 331-335, 501, 504-506, 701-703, 1101-1103, 1301 and 1501.