THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1910]

Proposed Amendment of Pa.R.Civ.P. 1910.29

[53 Pa.B. 3400]
[Saturday, July 1, 2023]

 The Domestic Relations Procedural Rules Committee is considering proposing to the Supreme Court of Pennsylvania the amendment of Pa.R.Civ.P. 1910.29 for the reasons set forth in the accompanying publication report. Pursuant to Pa.R.J.A. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.

 Any report accompanying this proposal was prepared by the Committee to indicate the rationale for the proposed rulemaking. It will neither constitute a part of the rules nor be adopted by the Supreme Court.

 Additions to the text of the proposal are bolded and underlined; deletions to the text are bolded and bracketed.

 The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:

Lynnore K. Seaton, Counsel
Domestic Relations Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
FAX: 717-231-9531
domesticrules@pacourts.us

 All communications in reference to the proposal should be received by August 30, 2023. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.

By the Domestic Relations
Procedural Rules Committee

DAVID S. POLLOCK, Esq., 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.29. Evidence in Support Matters.

 [(a) Record Hearing. Except as provided in this rule, the Pennsylvania Rules of Evidence shall be followed in all record hearings conducted in an action for support. A verified petition, affidavit or document, and any document incorporated by reference therein which would not be excluded under the hearsay rule if given in person shall be admitted into evidence if (1) at least 20 days' written notice of the intention to offer them into evidence was given to the adverse party accompanied by a copy of each document to be offered; (2) the other party does not object to their admission into evidence; and (3) the evidence is offered under oath by the party or witness. An objection must be in writing and served on the proponent of the document within 10 days of the date of service of the notice of intention to offer the evidence. When an objection is properly made, the Pennsylvania Rules of Evidence shall apply to determine the admissibility of the document into evidence.

 (b) Medical Evidence.

 (1) Non-Record Proceeding. In a non-record hearing, if a physician has determined that a medical condition affects a party's ability to earn income and that party obtains a Physician Verification Form from the domestic relations section, has it completed by the party's physician and submits it at the conference, it may be considered by the conference officer. If a party is receiving Social Security disability or workers' compensation benefits, the party shall submit copies of the disability or workers' compensation determination in lieu of the Physician Verification Form.

 (2) Record Proceeding. If the matter proceeds to a record hearing and the party wishes to introduce the completed Physician Verification Form into evidence, he or she must serve the form on the other party not later than 20 days after the conference. The other party may file and serve an objection to the introduction of the form within 10 days of the date of service. If an objection is made and the physician testifies, the trier of fact shall have the discretion to allocate the costs of the physician's testimony between the parties. If there is no objection, the form may be admitted into evidence without the testimony of the physician. In the event that the record hearing is held sooner than 30 days after the conference, the trier of fact may provide appropriate relief, such as granting a continuance to the objecting party.

 (3) The Physician Verification Form shall be substantially in the following form:

IN THE COURT OF COMMON PLEAS
OF ______ COUNTY

Member Name:

Docket Number:

PACSES Case Number:

Other State ID Number:

PHYSICIAN VERIFICATION FORM
TO BE COMPLETED BY THE TREATING PHYSICIAN

Physician's name: __________

Physician's license number: __________

Nature of patient's sickness or injury: __________
__________
__________

Date of first treatment: __________

Date of most recent treatment: __________

Frequency of treatments: __________

Medication: __________

The patient has had a medical condition that affects his or her ability to earn income from: ______ through ______

If the patient is unable to work, when should the patient be able to return to work? Will there be limitations? __________
__________

Remarks: __________
__________

Date: _________________

Signature of Treating Physician: _________________

Physician's address: __________
__________
__________

Physician's telephone number: __________

I authorize my physician to release the above information to the _________________  County Domestic Relations Section.

Patient's signature: _________________ Date: _________________]

 (This is entirely new text.)

 (Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)

 (a) Record Hearing. Except as provided in this rule, the court shall follow the Pennsylvania Rules of Evidence in a record hearing conducted in an action.

 (b) Documentary Evidence.

 (1) The court shall admit into evidence statements contained in a verified petition, affidavit, document, or a document incorporated by reference that would not be excluded under the hearsay rule if the declarant testified in person, when:

 (i) at least 20 days written notice of the intention to offer the document into evidence was given to the adverse party accompanied by the document to be offered;

 (ii) the other party does not object to the document's admission into evidence; and

 (iii) the party offers the evidence under oath.

 (2) A party objecting under subdivision (b)(1)(ii) shall state the objection in writing and serve on the document's proponent within 10 days of the date of service of the notice of intention to offer the evidence.

 (3) When a party properly objects, the Pennsylvania Rules of Evidence shall apply to determine the document's admissibility.

 (c) Medical Evidence.

 (1) Definition. For the purpose of this rule, an ''advance practice provider'' shall mean a licensed physician, physician's assistant, or nurse practitioner.

 (2) Non-Record Proceeding.

 (i) A conference officer may consider a party's medical condition when:

 (A) an advanced practice provider has determined the medical condition affects a party's ability to earn income;

 (B) the party's advanced practice provider has completed an Advanced Practice Provider's Verification Form, which shall substantially be the same as subdivision (d); and

 (C) the party submits the completed form at the conference.

 (ii) If a party is receiving Social Security disability or Workers' Compensation benefits, the party shall submit the disability or Workers' Compensation determination in lieu of the Advanced Practice Provider's Verification Form.

 (3) Record Proceeding.

 (i) Prior to the record hearing, if a party plans to introduce a completed Advanced Practice Provider's Verification Form into evidence, the party shall serve the completed form on the other party not later than 20 days after the conference.

 (ii) The other party may file and serve a written objection to the completed form's introduction within 10 days of the date of service.

 (A) If an objection is made and the advanced practice provider testifies, the trier-of-fact shall have the discretion to allocate the cost of the advanced practice provider's testimony between the parties.

 (B) If there is no objection, the trier-of-fact may admit the completed form into evidence without the advanced practice provider's testimony.

 (iii) If the record hearing is held sooner than 30 days after the conference, the trier-of-fact may provide appropriate relief, including granting a continuance to the objecting party.

 (d) Advanced Practice Provider's Verification Form. The Advanced Practice Provider's Verification Form shall be substantially in the following form:

IN THE COURT OF COMMON PLEAS OF _________________ COUNTY

Member Name:

Docket Number:

PACSES Case Number:

Other State ID Number:

TO BE COMPLETED BY AN ADVANCED PRACTICE PROVIDER

Provider's name: __________

Provider's license number: __________

Nature of patient's sickness or injury: __________
__________
__________

Date of first treatment: __________

Date of most recent treatment: __________

Frequency of treatments: __________

Medication: __________

The patient has had a medical condition that affects his or her ability to earn income from: ______  through ______

[  ] Fully Disabled
[  ] Partially Disabled                  
[  ] Able to Work Light Duty Full-Time
[  ] Able to Work Part-Time ( ____ hours/day)      

If the patient is unable to work, when should the patient be able to return to work? Will there be limitations? __________
__________

Describe limitations on employability: __________
__________

Date: _________________

Signature of Treating Provider: _________________

Provider's address: __________
__________
__________

Provider's telephone number: __________

I authorize my provider to release the above information to the _________________  County Domestic Relations Section.

Patient's signature: _________________
Date: _________________

[EXPLANATORY COMMENT—2000]

Comment: This rule is based on 23 Pa.C.S. § 4342(f). [ creates a hearsay exception in support actions to permit a verified petition, affidavit or document and a document incorporated by reference in any of them to be admitted into evidence if it would not otherwise be excluded as hearsay if given in person and it is admitted under oath by a party or witness to the support action. Rule 1910.29 requires that notice of the documents to be admitted be given to the other party prior to the hearing. It also sets forth the procedures for raising an objection to the admission of those documents.

 If the requisite 20-day notice is given and there is no objection, the document must be admitted into evidence under this rule and 23 Pa.C.S. § 4342(f). In the event an objection is timely made, the rules of evidence apply to determine the document's ultimate admissibility.

 Rule 1910.29 ] This rule is not intended to affect 23 Pa.C.S. § 4342(g) and (h) relating to the admissibility of payment records, billing statements, and bills for genetic testing and prenatal and postnatal health care of the mother and child. Those documents are admissible into evidence without advance notice for the limited purposes [ which are expressly ] set forth in those statutory provisions.

SUPREME COURT OF PENNSYLVANIA

DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE

PUBLICATION REPORT

 The Domestic Relations Procedural Rules Committee (Committee) is proposing the amendment of the Pennsylvania Rule of Civil Procedure 1910.29. This rule pertains to evidence in support matters and provides a Physician Verification Form for use in providing information to the court on a party's medical condition.

 23 Pa.C.S. § 4342 provides for expedited procedures for the determination and enforcement of support. 23 Pa.C.S. § 4342(f) creates a hearsay exception in support actions to permit statements contained in a verified petition, affidavit, document, or a document incorporated by reference in any of them, to be admitted into evidence, provided it would not otherwise be excluded as hearsay if the declarant testified in person, i.e., hearsay within hearsay. Rule 1910.29 expands this exception to permit a Physician's Verification Form to be used for reporting a party's medical condition in lieu of the physician appearing as a witness and testifying. The rule requires that notice of the documents to be admitted be given to the other party prior to the hearing and it sets forth the procedures for raising an objection to the admission of those documents and any statements contained therein.

 Initially, the Committee received correspondence requesting revisions to the Physician Verification Form. Concerns related to the current form include its failure to request a description of the limitations on employability and whether the condition affects a party's ability to work light duty, full-time, or part-time. Parties use the form in cases where an appropriate order is being established, as well as to defend against a contempt charge. Without the ability to assess the extent of the disability, the form may act as a shield to one party to be held to a reasonable earning capacity or found to have the ability to pay support.

 To address these concerns, the Committee proposes that the form be revised to include the option to select ''Fully Disabled,'' ''Partially Disabled,'' ''Able to Work Light Duty Full-Time,'' or ''Able to Work Part-time,'' as well as the ability to indicate the number of hours per day the individual can work.

 Concerns were also expressed about the requirement that the form be completed only by a physician. This concern is related to cost and limited access to physicians in some areas, particularly in rural areas. Accordingly, the Committee proposes that, in lieu of only allowing physicians to complete the form, ''advanced practice providers,'' including nurse practitioners and physician assistants, should be permitted to complete the form. As a result, it is proposed that the term ''physician'' be replaced by the name ''provider'' and the name of the form be revised to ''Advanced Practice Provider Verification Form.'' It is also proposed that ''advanced practice provider'' be defined in subdivision (c)(1).

 Additional revisions were requested to make the form more ''user-friendly'' for practitioners and self-represented parties. The Committee proposes that the structure of the rule be revised stylistically to a bullet point format, for ease of reading. It is also proposed that the Explanatory Comment be renamed as a Comment and commentary reiterative of the rule text and statute be removed.

 The Committee invites comments, concerns, and suggestions regarding this rulemaking proposal.

[Pa.B. Doc. No. 23-841. Filed for public inspection June 30, 2023, 9:00 a.m.]

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