# PA. R. Ct. 14.3: Rule 14.3. Alternative Proof of Incapacity: Expert Report in Lieu of In-Person or Deposition Testimony of Expert

> Pennsylvania · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_3

## Section

- **Citation:** PA. R. Ct. 14.3
- **Heading:** Rule 14.3. Alternative Proof of Incapacity: Expert Report in Lieu of In-Person or Deposition Testimony of Expert
- **Jurisdiction:** Pennsylvania
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Court Rules / Title 231 / Rule 14.3

## Text

(a) A petitioner may seek to offer into evidence an expert report for the determination of incapacity in lieu of testimony, in-person or by deposition, of an expert using the form provided in the Appendix to these rules. In an emergency guardianship proceeding, an expert report may be offered into evidence if specifically authorized by the court. (b) Notice. (1) If a petitioner seeks to offer an expert report permitted under subdivision (a), the petitioner shall serve a copy of the completed report upon the alleged incapacitated person’s counsel and all other counsel of record pursuant to Pa.R.O.C.P. 4.3 no later than ten days prior to the hearing on the petition. (2) If a petitioner seeks to offer an expert report, as permitted under subdivision (a), the petitioner shall serve pursuant to Pa.R.O.C.P. 4.3 a notice of that fact upon those entitled to notice of the petition and hearing no later than ten days prior to the hearing on the petition. (3) The petitioner shall file a certificate of service with the court as to subdivisions (b)(1) and (b)(2). (c) Demand. (1) Within five days of service of the completed report provided in subdivision (b)(1) , the alleged incapacitated person’s counsel may file with the court and serve upon the petitioner pursuant to Pa.R.O.C.P. 4.3 a demand for the testimony of the expert. (2) If a demand for testimony is filed and served as provided herein, then the expert report may not be admitted and an expert must provide testimony at the hearing, whether in-person or by deposition. (d) Unless otherwise demanded pursuant to subdivision (c)(2), in the sole discretion of the court, incapacity may be established through the admission of an expert report prepared in compliance with the form provided in the Appendix to these rules. The expert must be qualified by training and experience in evaluating individuals with incapacities of the type alleged in the petition. The expert must sign, date, and verify the completed expert report
n (c)(2), in the sole discretion of the court, incapacity may be established through the admission of an expert report prepared in compliance with the form provided in the Appendix to these rules. The expert must be qualified by training and experience in evaluating individuals with incapacities of the type alleged in the petition. The expert must sign, date, and verify the completed expert report. (e) In the interest of justice, the court may excuse the notice and demand requirements set forth in subdivisions (b) and (c). Comment: This rule is intended to permit the alleged incapacitated person to exercise the right to cross-examine testimony as to the capacity of the alleged incapacitated person. See 20 Pa.C.S. § 5518.1. Permitting the use of an expert report in compliance with this rule replaces the requirement of testimony, in-person or by deposition, of an expert. See 20 Pa.C.S. § 5518. ‘‘Deposition,’’ as used in this rule, is intended to be a deposition conducted in accordance with the Pennsylvania Rules of Civil Procedure. The rule is permissive; whether an expert report is admitted in lieu of testimony is in the sole discretion of the court. Nothing in this rule is intended to preclude the court from requiring testimony from the expert or otherwise requiring supplementation. Source The provisions of this Rule 14.3 adopted June 1, 2018, effective June 1, 2019, 48 Pa.B. 3524; amended December 18, 2024, effective immediately, 55 Pa.B. 7. Immediately preceding text appears at serial pages (396089) to (396090).

## Nearby sections

- [PA. R. Ct. 14.3 Rule 14.3. Alternative Proof of Incapacity: Expert Report in Lieu of In-Person or Deposition Testimony of Expert.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_3.md)
- [PA. R. Ct. 14.5 Rule 14.5. [Rescinded].](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_5.md)
- [PA. R. Ct. 14.7 Rule 14.7. Order and Certificate.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_7.md)
- [PA. R. Ct. 14.8 Rule 14.8. Guardianship Reporting, Monitoring, Review, and Compliance.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_8.md)
- [PA. R. Ct. 14.9 Rule 14.9. Review Hearing.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_9.md)
- [PA. R. Ct. 14.10 Rule 14.10. Proceedings Relating to Real Property.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_10.md)
- [PA. R. Ct. 14.12 Rule 14.12. Transfer of Guardianship of the Estate to Another State.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_12.md)
- [PA. R. Ct. 14.13 Rule 14.13. Acceptance of a Guardianship Transferred from Another State.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_13.md)
- [PA. R. Ct. 15.1 Rule 15.1. Local Adoption Rules.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R15_1.md)
- [PA. R. Ct. 15.2 Rule 15.2. Definitions.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R15_2.md)
- [PA. R. Ct. 15.3 Rule 15.3. Prerequisites for any Petition to Terminate Parental Rights or Petition to Adopt.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R15_3.md)
- [PA. R. Ct. 15.4 Rule 15.4. Notice of Hearing to Terminate Parental Rights; Method and Time.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R15_4.md)
- [PA. R. Ct. 15.5 Rule 15.5. Certification Filed with the Clerk Maintaining the Dependency Docket.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R15_5.md)
- [PA. R. Ct. 15.6 Rule 15.6. Filing of Termination Petitions when an Agency is Not Involved.](https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R15_6.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_PA_T231_R14_3. Check the current official text before relying on it. Not legal advice.