§ 5.401. Admissibility of evidence.
(a) Relevant and material evidence is admissible subject to objections on other grounds.
(b) Evidence will be excluded if:
(1) It is repetitious or cumulative.
(2) Its probative value is outweighed by:
(i) The danger of unfair prejudice.
(ii) Confusion of the issues.
(iii) Considerations of undue delay or waste of time.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.161 (relating to form and admissibility of evidence).
The provisions of this § 5.401 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501.
The provisions of this § 5.401 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial page (225703).
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