Section 1305. Conduct of Hearing. Evidence

(a) Except as prescribed by this rule, the rules of evidence shall be followed in all hearings before arbitrators. Rulings on objections to evidence or on other issues which arise during the hearing shall be made by a majority of the board.

(b)(1) The following documents shall be admitted into evidence if at least twenty days’ notice of the intention to offer them was given to every other party accompanied by a copy of each document to be offered:

(i) Bills or other documents evidencing charges incurred;

Official Note

The board of arbitrators may find a bill authentic, necessary and reasonable without extrinsic evidence but is not required to do so.

(ii) records of businesses, government departments, agencies or offices, subject to statutory restrictions, provided that these are records which would otherwise be admissible if authenticated by a custodian of records;

Official Note

The restrictions on the admissibility of evidence under this subparagraph are unique to the records specified and are not found elsewhere in subdivision (b).

(iii) records and reports of hospitals and licensed health care providers;

(iv) expert reports and descriptions of expert qualifications;

(v) written estimates of value, damage to, cost of repair of or loss of property; and

(vi) reports of rate of earnings and time lost from work or lost compensation prepared by an employer.

(2) If twenty days’ advance notice of intention to offer documents in evidence was not given but copies of the documents were provided to the other parties at least twenty days in advance of the hearing or during discovery, the admissibility of the documents without authentication shall be in the discretion of the arbitrators upon a finding of the absence of prejudice.

(3) A document which is received into evidence under subparagraphs (1) or (2) may be used for only those purposes which would be permissible if the person whose testimony is waived by this rule were present and testifying at the hearing. The arbitrators shall disregard any portion of a document so received that would be inadmissible if the person whose testimony is waived by this rule were testifying in person.

(4) Any other party may subpoena the person whose testimony is waived by this rule to appear at or serve upon a party a notice to attend the hearing and any adverse party may cross-examine the person as to the document as if the person were a witness for the party offering the document. The party issuing the subpoena shall pay the reasonable fees and costs of the person subpoenaed to testify, including a reasonable expert witness fee if applicable.

(c) A written estimate of value, damage to, cost of repair of or loss of property shall be accompanied by a statement of the party offering it whether the property was repaired and, if it was, whether the repairs were made in full or in part and by whom, together with the bill therefor.

(d) A party may offer in evidence, without the certification required by Sections 5328 and 6103 of the Judicial Code, an official weather or traffic signal report or a standard United States Government life expectancy table. A party may also offer any other official record kept within the Commonwealth without such certification if the provisions of subdivision (b) are followed.

The provisions of this Rule 1305 amended September 5, 1997, effective January 1, 1998, 27 Pa.B. 4826. Immediately preceding text appears at serial page (227309).