Rule 4010.1. Evaluation of Earning Capacity.

 (a)  When the earning capacity of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to an evaluation by a suitably licensed or certified evaluator or to produce for evaluation the person in the party’s custody or legal control.

 (b)  The evaluation shall be subject to the provisions of Rule 4010(a)(3) through (b)(3) inclusive.

 (c)  The evaluator may testify as a witness on the issue of damages only and not as a witness on the issue of liability.


   The provisions of this Rule 4010.1 adopted April 24, 1998, effective July 1, 1998, 28 Pa.B. 2131.

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