2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5933 - Competency of surviving party.

     § 5933.  Competency of surviving party.
        (a)  General rule.--In any civil action or proceeding before
     any tribunal of this Commonwealth, or conducted by virtue of its
     order or direction, although a party to the thing or contract in
     action may be dead or may have been adjudged a lunatic, and his
     right thereto or therein may have passed, either by his own act
     or by the act of the law, to a party on record who represents
     his interest in the subject in controversy, nevertheless any
     surviving or remaining party to such thing or contract or any
     other person whose interest is adverse to the said right of such
     deceased or lunatic party, shall be a competent witness to any
     relevant matter, although it may have occurred before the death
     of said party or the adjudication of his lunacy, if and only if
     such relevant matter occurred between himself and another person
     who may be living at the time of the trial and may be competent
     to testify, and who does so testify upon the trial against such
     surviving or remaining party or against the person whose
     interest may be thus adverse, or if such relevant matter
     occurred in the presence or hearing of such other living or
     competent person.
        (b)  Testimony by deposition.--The testimony now made
     competent by subsection (a) may also be taken by commission or
     deposition in accordance with law, and, in that event, the
     deposition thus taken shall be competent evidence at the trial
     or hearing, although the person with whom or in whose presence
     or hearing such relevant matter occurred, may die or become
     incompetent after the taking of such deposition.

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