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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 5.405. Effect of pleadings.

§ 5.405. Effect of pleadings.

 (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.


   The provisions of this §  5.405 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (225704) to (225705).

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