Pennsylvania Code
Title 52 - PUBLIC UTILITIES
Part I - Public Utility Commission
Subpart A - General Provisions
Chapter 5 - FORMAL PROCEEDINGS
Subchapter E - EVIDENCE AND WITNESSES
EVIDENCE
Section 5.405 - Effect of pleadings

Universal Citation: 52 PA Code ยง 5.405

Current through Register Vol. 54, No. 38, September 21, 2024

(a) Pleadings listed in § 5.1 (relating to pleadings allowed) shall, without further action, be considered as part of the record as pleadings.

(b) Except as provided in subsection (c) and in the case of a noncontested proceeding, a pleading, or any part thereof may not be considered as evidence of a fact other than that of filing thereof unless offered and received into evidence.

(c) A fact admitted by a party in an answer, filed under oath, to a numbered allegation in a pleading may be considered as evidence of the fact without the pleading and answer being offered and received into evidence.

(d) Subsections (a) and (b) supersede 1 Pa. Code §35.125(d) (relating to order of procedure). Subsection (c) supersedes 1 Pa. Code §35.35 (relating to answers to complaints and petitions).

The provisions of this §5.405 amended under the Public Utility Code, 66 Pa.C.S. § § 309-311, 315, 331-335, 501, 504-506, 701-703, 1101-1103, 1301 and 1501.

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