Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3668 (June 25, 2022).

52 Pa. Code § 5.401. Admissibility of evidence.


§ 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, 504—506, 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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