Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 15-1490

THE COURTS

Title 225—RULES OF EVIDENCE

[ 225 PA. CODE ART. IV ]

Order Approving the Revision to the Comment to Rule of Evidence 409; No. 671 Supreme Court Rules Doc.

[45 Pa.B. 4759]
[Saturday, August 15, 2015]

Order

Per Curiam

 And Now, this 30th day of July, 2015, upon the recommendation of the Committee on Rules of Evidence; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of efficient administration, and 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 Comment to Pennsylvania Rule of Evidence 409 is revised in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective October 1, 2015.

Annex A

TITLE 225. RULES OF EVIDENCE

ARTICLE IV. RELEVANCE AND ITS LIMITS

Rule 409. Offers to Pay Medical and Similar Expenses.

 Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Comment

 This rule is identical to F.R.E. 409.

 As to the admissibility of a benevolent gesture made by a health care provider, et al., see the Benevolent Gesture Medical Professional Liability Act, Act of October 25, 2013, P. L. 665, 35 P. S. §§ 10228.1—.3.

 Official Note: Adopted May 8, 1998, effective October 1, 1998; Comment revised December 30, 2005, effective February 1, 2006; rescinded and replaced January 17, 2013, effective March 18, 2013; Comment revised July 30, 2015, effective October 1, 2015.

Committee Explanatory Reports:

 Final Report explaining the December 30, 2005 revision of the Comment published with the Court's Order at 36 Pa.B. 384 (January 28, 2006).

 Final Report explaining the January 17, 2013 rescission and replacement published with the Court's Order at 43 Pa.B. 651 (February 2, 2013).

 Final Report explaining the July 30, 2015 revision of the Comment published with the Court's Order at 45 Pa.B. 4759 (August 15, 2015).

FINAL REPORT1


Revision to the Comment to Rule of Evidence 409

 On July 30, 2015, effective October 1, 2015, upon recommendation of the Committee on Rules of Evidence, the Court ordered revision of the Comment to Pennsylvania Rule of Evidence 409 to insert a reference to the Benevolent Gesture Medical Professional Liability Act, Act of October 25, 2013, P. L. 665, 35 P. S. §§ 10228.1—.3. The Committee believes that a signal to the existence of this legislation within the Pennsylvania Rules of Evidence would be beneficial to the bench and bar.

[Pa.B. Doc. No. 15-1490. Filed for public inspection August 14, 2015, 9:00 a.m.]

_______

1  The Committee's Final 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 Committee's explanatory Final Reports.


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.