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246 Pa. Code Rule 321. Hearings and Evidence.

Rule 321. Hearings and Evidence.

 The magisterial district judge shall be bound by the rules of evidence, except that a bill, estimate, receipt, or statement of account that appears to have been made in the regular course of business may be introduced in evidence by any party without affidavit or other evidence of its truth, accuracy, or authenticity.

Comment:

   The exception to the rules of evidence provided by this rule was inserted because the Pennsylvania statutes making certain business entries admissible in evidence apparently do not apply to bills, receipts, and the like that are made in the regular course of business but are not made as ‘‘records.’’ See 42 Pa.C.S. §  6108. The fact that this exception permits the introduction of these items of evidence without affidavit or other evidence of their truth, accuracy, or authenticity does not, of course, preclude the introduction of evidence contradicting them. The exception was deemed necessary because the items of evidence made admissible thereby are probably the proofs most commonly used in minor judiciary proceedings. See Pa.R.Civ.P.M.D.J. 350(d)(2) for additional exceptions applicable to appeals from automated work zone speed enforcement violations and from civil violations for passing a stopped school bus with flashing red signal lights and an activated side stop signal arm.

Source

   The provisions of this Rule 321 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended April 12, 2022, effective October 1, 2022, 52 Pa.B. 2357; amended February 10, 2023, effective April 11, 2023, 53 Pa.B. 1057; amended May 22, 2024, effective August 1, 2024, 54 Pa.B. 3147. Immediately preceding text appears at serial pages (413462) to (413463).


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