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In re Order Approving Revision to Comment to Pennsylvania Rule of Evidence 409

Supreme Court of Pennsylvania

July 30, 2015

IN RE: ORDER APPROVING THE REVISION TO THE COMMENT TO PENNSYLVANIA RULE OF EVIDENCE 409

SUPREME COURT RULES DOCKET

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 attached form.

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

Additions to the rule are shown in bold and are underlined. Deletions to the rule are shown in bold and in brackets.

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.

Note: Adopted May 8, 1998, effective October 1, 1998; Comment revised December 30, 2005, effective February 1, 2006; rescinded and replaced January 17, 2013, effective March 18, 2013; Comment revised July 30, 2015, effective October 1, 2015.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

FINAL REPORT [1] 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.


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