Current through Register Vol. 54, No. 38, September 21, 2024
(a) Except
as prescribed by this rule, the rules of evidence shall be followed in all
hearings before arbitrators. Rulings on objections to evidence or on other
issues which arise during the hearing shall be made by a majority of the
board.
(b)
(1) The following documents shall be admitted
into evidence if at least twenty days' notice of the intention to offer them
was given to every other party accompanied by a copy of each document to be
offered:
(i) Bills or other documents
evidencing charges incurred;
(ii)
records of businesses, government departments, agencies or offices, subject to
statutory restrictions, provided that these are records which would otherwise
be admissible if authenticated by a custodian of records;
(iii) records and reports of hospitals and
licensed health care providers;
(iv) expert reports and descriptions of
expert qualifications;
(v) written
estimates of value, damage to, cost of repair of or loss of property;
and
(vi) reports of rate of
earnings and time lost from work or lost compensation prepared by an
employer.
(2) If twenty
days' advance notice of intention to offer documents in evidence was not given
but copies of the documents were provided to the other parties at least twenty
days in advance of the hearing or during discovery, the admissibility of the
documents without authentication shall be in the discretion of the arbitrators
upon a finding of the absence of prejudice.
(3) A document which is received into
evidence under subparagraphs (1) or (2) may be used for only those purposes
which would be permissible if the person whose testimony is waived by this rule
were present and testifying at the hearing. The arbitrators shall disregard any
portion of a document so received that would be inadmissible if the person
whose testimony is waived by this rule were testifying in person.
(4) Any other party may subpoena the person
whose testimony is waived by this rule to appear at or serve upon a party a
notice to attend the hearing and any adverse party may cross-examine the person
as to the document as if the person were a witness for the party offering the
document. The party issuing the subpoena shall pay the reasonable fees and
costs of the person subpoenaed to testify, including a reasonable expert
witness fee if applicable.
(c) A written estimate of value, damage to,
cost of repair of or loss of property shall be accompanied by a statement of
the party offering it whether the property was repaired and, if it was, whether
the repairs were made in full or in part and by whom, together with the bill
therefor.
(d) A party may offer in
evidence, without the certification required by Sections 5328 and 6103 of the
Judicial Code, an official weather or traffic signal report or a standard
United States Government life expectancy table. A party may also offer any
other official record kept within the Commonwealth without such certification
if the provisions of subdivision (b) are followed.
