Section 1406. Adjudicatory Hearing

A. Manner of hearing. The court shall conduct the adjudicatory hearing in an informal but orderly manner.

1) Notification. Prior to commencing the proceedings, the court shall ascertain:

a) whether notice requirements pursuant to Rules 1360 and 1361 have been met; and

b) whether unrepresented parties have been informed of the right to counsel pursuant to 42 Pa.C.S. § 6337.

2) Advanced communication technology. Upon good cause shown, a court may utilize advanced communication technology pursuant to Rule 1129.

B. Recording. The adjudicatory hearing shall be recorded.

C. Evidence. Each party shall be given the opportunity to:

1) introduce evidence;

2) present testimony; and

3) to cross-examine any witness.

Comment

Due process requires that the litigants receive notice of the issues before the court and an opportunity to present their case in relation to those issues. In re M.B., 356 Pa. Super. 257, 514 A.2d 599 (1986), aff’d, 517 Pa. 459, 538 A.2d 495 (1988).

Pursuant to paragraph (A)(2), it is expected that the parties be present. Only upon good cause shown should advanced communication technology be utilized.

A full record of the hearing is to be kept. In re J.H., 788 A.2d 1006 (Pa. Super. Ct. 2001). See also 42 Pa.C.S. § 6336.

Under paragraph (B), notes of testimony should be provided to counsel for a party upon good cause shown. The court may place conditions of release on the notes of testimony. When an appeal is taken, the record is to be transcribed pursuant to Pa.R.A.P. 1922. See Pa.R.A.P. 1911 for request of transcript.

Under paragraph (C), the court is to receive evidence from all interested parties and from objective, disinterested witnesses. The judge’s findings should be supported by a full discussion of the evidence. See In Re Clouse, 244 Pa. Super. 396, 368 A.2d 780 (1976).

For application of the Rules of Evidence, see Pa.R.E. 101.

See Rule 1136 for ex parte communications.

Official Note

Rule 1406 adopted August 21, 2006, effective February 1, 2007. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1406 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).

Final Report explaining the amendments to Rule 1406 published with the Court’s Order at 41 Pa.B. 2319 (May 7, 2011).

Final Report explaining the amendments to Rule 1406 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).

The provisions of this Rule 1406 amended April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413. Immediately preceding text appears at serial pages (356717) to (356718).