1426 Rule 101 revision of comment

Title 225--RULES
OF EVIDENCE

[225 PA. CODE ART. I]

Rule 101 Revision of Comment

[35 Pa.B. 4179]

   The Committee on Rules of Evidence is planning to recommend that the Supreme Court of Pennsylvania approve the Comment Revision to Pa.R.E. 101. These changes are being proposed to eliminate inconsistencies with other rules and conflicts with certain statutes.

   This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

   The following explanatory Report highlights the Committee's consideration in formulating this proposal. Please note that the Committee Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Report.

   The text of the proposed changes precede the Report.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel:

Richard L. Kearns Staff Counsel
Supreme Court of Pennsylvania
Committee on Rules of Evidence
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055

   no later than September 12, 2005.

By the Committee on Rules of Evidence

HONORABLE RICHARD A. LEWIS,   
Chair

Annex A

TITLE 225. RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

Rule 101. Scope and Citation of the Rules.

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Comment

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   These rules are applicable [only to] in the courts of the Commonwealth of Pennsylvania's unified judicial system. [They are applicable in all divisions of the Courts of Common Pleas including the Civil Division, Criminal Division, Trial Division, Orphans' Court Division and Family Division. They are not applicable to other tribunals, such as administrative agencies and arbitration panels, except as provided by law or unless the tribunal chooses to apply them.] In some respects, these rules are applicable in administrative proceedings. See, e.g., Gibson v. W.C.A.B., 861 A.2d 938 (Pa. 2004) (evidentiary rules 602, 701 and 702 applicable in agency proceedings in general, including workers' compensation proceedings). These rules are also applicable in compulsory arbitration hearings, with specific exceptions relating to the admissibility of certain written evidence and official documents. See, e.g., [Pa.C.R.P.] Pa.R.C.P. 1305 [(rules of evidence shall be followed in compulsory arbitration hearings, with specific provisions relating to the admissibility of certain written evidence and official documents)].

REPORT

Proposed Revision of Comment
Pa.R.E. 101
Scope and Citation of the Rules

Changes

   The Committee on Rules of Evidence proposes to revise the Comment to cite the opinion of Gibson v. W.C.A.B., 861 A.2d 938 (Pa. 2004). In Gibson, the Pennsylvania Supreme Court holds that in some respects the rules of evidence apply to administrative proceedings. These rules are applicable also in compulsory arbitration proceedings.

[Pa.B. Doc. No. 05-1426. Filed for public inspection July 29, 2005, 9:00 a.m.]