IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY
COMMONWEALTH OF PENNSYLVANIA
ORPHANS’ COURT DIVISION
IN RE: ADMINISTRATIVE ORDER
2016-01
PRESENTATION OF EXPERT TESTIMONY BY WRITTEN DEPOSITION TO SUPPORT A FINDING OF INCAPACITY IN GUARDIANSHIP HEARINGS
ORDER OF COURT
AND NOW, this 21st day of July, 2016, it is hereby ORDERED and DECREED that in order for this Court to accept expert testimony by written deposition pursuant to 20 Pa.C.S §5518, the following conditions must be met:
1. The individual providing such expert testimony must be licensed to practice medicine, osteopathy, or psychiatry in Pennsylvania, or be otherwise qualified by training and experience in evaluating persons with the type of incapacity as alleged by the Petitioner.
2. The requested information must be provided on the attached form and must be complete and clearly legible.
3. The answers must be signed and verified subject to the penalties of 18 Pa.C.S. §4909 (relating to unsworn falsification to authorities) by the individuals providing such testimony.
4. At the hearing, the Petitioner shall present the Court either (1) the completed written deposition, with verification bearing the expert witness’ original signature, or (2) a time-stamped copy of the written deposition and verification demonstrating that the original has been filed with the Clerk of Orphans’ Court.
5. Expert testimony by written deposition will be accepted only when the issue of incapacity is uncontested. When the alleged incapacity is in dispute, expert testimony must be provided via live testimony or telephone testimony.
Counsel for Petitioners and pro se Petitioners are responsible for compliance with these instructions. The failure to comply with the foregoing may result in the rejection of proffered expert testimony by written deposition, at the Court’s discretion.
BY THE COURT:
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EMIL GIORDANO, J.