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PA Bulletin, Doc. No. 06-137

THE COURTS

[225 PA. CODE ART. IV]

Order Revising Comment to Rule 409; No. 383 Supreme Court Rules; Doc. No. 1

[36 Pa.B. 384]

Order

Per Curiam:

   Now, this 30th day of December, 2005, upon the recommendation of the Committee on Rules of Evidence, and with a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the revision of comment is hereby revised in the following form.

   Whereas prior distribution and publication of this amendment would otherwise be required, it has been determined that immediate promulgation of the amendment is required in the interest of justice and efficient administration.

   This Order shall be processed immediately in accordance with Pa.R.J.A. 103(b), and shall be effective February 1, 2006.

Annex A

TITLE 225. RULES OF EVIDENCE

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 409. Payment of Medical and Similar Expenses.

*      *      *      *      *

Comment--2005

   This rule is identical to F.R.E. 409 and is consistent with prior Pennsylvania law. See 42 Pa.C.S.[A.] § 6141(c) (payment [of expenses] to injured person and others generally not admissible) (text quoted in Comment to Pa.R.E. 408); [see also] Burns v. Joseph Flaherty Co., 278 Pa. 579, 123 A. 496 (1924) (guarantee of medical expenses cannot be used as basis for liability). As with F.R.E. 409 [and Pa.R.E. 408 (but not F.R.E. 408), collateral admissions of fact], ancillary statements made in the course of paying, offering to pay [for medical], or promising to pay, medical, hospital, or similar expenses are not excluded by this rule. However, they may be excluded by Pa.R.E. 408.

FINAL REPORT

Rule 409. Payment of Medical and Similar Expenses

Comment Changes

   The purpose of this Revision of Comment is to take note of the amended Pa.R.E. 408. The inaccurate language in the Rule 409 Comment is corrected by this revision.

[Pa.B. Doc. No. 06-137. Filed for public inspection January 27, 2006, 9:00 a.m.]


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