Rule 1910.29. Evidence in Support Matters

(a) Record Hearing . Except as provided in this rule, the court shall follow the Pennsylvania Rules of Evidence in a record hearing conducted in an action for support.

(b) Documentary Evidence.

(1) The court shall admit into evidence statements contained in a verified petition, affidavit, document, or a document incorporated by reference that would not be excluded under the hearsay rule if the declarant testified in person, when:

(i) the proponent has provided the other party written notice at least 20 days prior to the hearing of the intention to offer the document into evidence, together with the document to be offered;

(ii) the other party does not object to the document’s admission into evidence; and

(iii) the proponent offers the evidence under oath.

(2) A party objecting pursuant to subdivision (b)(1)(ii) shall serve the proponent with the written objection within 10 days of the date of service of the notice of intention to offer the evidence.

(3) If a party properly objects, the Pennsylvania Rules of Evidence shall apply to determine the document’s admissibility.

(c) Medical Evidence.

(1) Definition . For the purpose of this rule, an ‘‘advanced practice provider’’ shall mean a licensed physician, physician’s assistant, nurse practitioner, psychiatrist, or psychologist.

(2) Conference .

(i) A conference officer may consider a party’s medical condition if:

(A) an advanced practice provider has determined the medical condition affects a party’s ability to earn income;

(B) the party’s advanced practice provider has completed an Advanced Practice Provider’s Statement Form, which shall substantially be the same as subdivision (d); and

(C) the party submits the completed form at the conference.

(ii) If a party is receiving Social Security disability or Workers’ Compensation benefits, the party shall submit the disability or Workers’ Compensation determination in lieu of the Advanced Practice Provider’s Form.

(3) Record Hearing.

(i) Prior to the record hearing, if a party intends to offer a completed Advanced Practice Provider’s Statement Form into evidence, the party shall serve the completed form on the other party no later than 20 days after the conference.

(ii) The other party may file and serve a written objection to the completed form’s introduction within 10 days of the date of service.

(iii) If a party properly objects, the Pennsylvania Rules of Evidence shall apply to determine the document’s admissibility. If the advanced practice provider is required to testify, the trier-of-fact shall have the discretion to allocate the cost of the advanced practice provider’s testimony between the parties.

(iv) If there is no objection, the trier-of-fact may admit the completed form into evidence without the advanced practice provider’s testimony.

(v) If the record hearing is held sooner than 30 days after the conference, the trier-of-fact may provide appropriate relief, including granting a continuance to the objecting party.

(d) Advanced Practice Provider’s Statement Form. The Advanced Practice Provider’s Statement 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: TO BE COMPLETED BY AN ADVANCED PRACTICE PROVIDER Provider’s name: Provider’s license number: Provider’s title (MD, DO, etc.) Nature of patient’s sickness or injury: Date of first treatment: Date of most recent treatment: Frequency of treatments: Medications: Due to the patient’s medical condition, the patient can engage in the following types of work-related activity (mark all that apply): Very heavy activity involving lifting objects weighing more than 100 pounds at a time with frequent lifting or carrying of objects weighing 50 pounds or more, and the ability to perform heavy, medium, light, and sedentary activity. Heavy activity involving lifting no more than 100 pounds at a time with frequent lifting or carrying of objects weighing up to 50 pounds, and the ability to perform medium, light, and sedentary activity. Medium activity involving lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pound do sedentary, and the ability to perform light and sedentary activity. Light activity involving lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds, a good deal of walking or standing, or sitting with some pushing and pulling of arm or leg controls. Sedentary activity involving lifting no more than 10 pounds at a time, occasionally lifting or carrying articles like docket files, ledgers, and small tools, sitting, and occasionally walking and standing. None. Based on my assessment, I found that the patient’s condition is such that he or she cannot engage in any type of work-related activity. Please mark whether the patient’s condition is temporary or permanent. If the patient cannot engage in any type of work-related activity and the patient’s condition is temporary, when should the patient be able to engage in any type of work-related activity Will there be limitations? Additional Remarks: Signature of Treating Provider: Date: Provider’s address: Provider’s telephone number: I authorize my provider to release the above information to the County Domestic Relations Section. Patient’s signature: Date:

Comment. This rule is based on 23 Pa.C.S. § 4342(f). The rule is not intended to affect 23 Pa.C.S. § 4342(g)-(h), relating to the admissibility of payment records, billing statements, and bills for genetic testing and prenatal and postnatal health care of the mother and child. Those documents are admissible into evidence without advance notice for the limited purposes set forth in the statute.

Historical Commentary The following commentary is historical in nature and represents statements of the Committee at the time of rulemaking:

Explanatory Comment— 2000 23 Pa.C.S. § 4342(f) creates a hearsay exception in support actions to permit a verified petition, affidavit or document and a document incorporated by reference in any of them to be admitted into evidence if it would not otherwise be excluded as hearsay if given in person and it is admitted under oath by a party or witness to the support action. Rule 1910.29 requires that notice of the documents to be admitted be given to the other party prior to the hearing. It also sets forth the procedures for raising an objection to the admission of those documents. If the requisite 20-day notice is given and there is no objection, the document must be admitted into evidence under this rule and 23 Pa.C.S. § 4342(f). In the event an objection is timely made, the rules of evidence apply to determine the document’s ultimate admissibility. Rule 1910.29 is not intended to affect 23 Pa.C.S. § 4342(g) and (h) relating to admissibility of payment records, billing statements and bills for genetic testing and prenatal and postnatal health care of the mother and child. Those documents are admissible into evidence without advance notice for the limited purposes which are expressly set forth in those statutory provisions.