2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5930 - Surviving party as witness, in case of death, mental incapacity, etc.

     § 5930.  Surviving party as witness, in case of death, mental
                incapacity, etc.
        Except as otherwise provided in this subchapter, in any civil
     action or proceeding, where any party to a thing or contract in
     action is dead, or has been adjudged a lunatic and his right
     thereto or therein has passed, either by his own act or by the
     act of the law, to a party on the record who represents his
     interest in the subject in controversy, neither any surviving or
     remaining party to such thing or contract, nor any other person
     whose interest shall be adverse to the said right of such
     deceased or lunatic party, shall be a competent witness to any
     matter occurring before the death of said party or the
     adjudication of his lunacy, unless the action or proceeding is
     by or against the surviving or remaining partners, joint
     promisors or joint promisees, of such deceased or lunatic party,
     and the matter occurred between such surviving or remaining
     partners, joint promisors or joint promisees and the other party
     on the record, or between such surviving or remaining partners,
     promisors or promisees and the person having an interest adverse
     to them, in which case any person may testify to such matters;
     or, unless the action is a possessory action against several
     defendants, and one or more of said defendants disclaims of
     record any title to the premises in controversy at the time the
     suit was brought and also pays into court the costs accrued at
     the time of his disclaimer, or gives security therefor as the
     court in its discretion may direct, in which case such
     disclaiming defendant shall be a fully competent witness; or,
     unless the issue or inquiry be devisavit vel non, or be any
     other issue or inquiry respecting the property of a deceased
     owner, and the controversy is between parties respectively
     claiming such property by devolution on the death of such owner,
     in which case all persons shall be fully competent witnesses.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

        Cross References.  Section 5930 is referred to in sections
     5931, 5932 of this title.

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