Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 1306 (2026)

Oral examination.

✓ current as of May 2026

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§ 1306. Oral examination.

(a) General rule.--Each of the applicants for a marriage license shall appear in person and shall be examined under oath or affirmation as to:

(1) The legality of the contemplated marriage.

(2) Any prior marriage or marriages and its or their dissolution.

(3) The restrictions set forth in section 1304 (relating to restrictions on issuance of license).

(4) All the information required to be furnished on the application for license as prepared and approved by the department.

(b) Exception.--If an applicant is unable to appear in person because of his active military service or because the office of the register of wills is closed due to a state of disaster emergency declared by the Governor under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor) or a declaration of judicial emergency under Article V of the Constitution of Pennsylvania, a law of this Commonwealth, a rule of court or other judicial order by the Supreme Court or any agency or unit of the unified judicial system exercising a power or performing a duty under 42 Pa.C.S. § 1721 (relating to delegation of powers), the applicant shall be permitted to forward an affidavit, which verifies all of the information required under subsection (a), to the issuing authority.

(c) Form.--The department shall develop and make available affidavit forms to be used by applicants under subsection (b).

(d) Definition.--As used in this section, the term "active military service" means active service in any of the armed services or forces of the United States or this Commonwealth.

(Oct. 27, 2006, P.L.1192, No.126, eff. 60 days; May 8, 2020, P.L.121, No.18, eff. imd.)

2020 Amendment. Act 18 amended subsec. (b). Section 3(1) of Act 18 provided that the amendment of subsec. (b) shall be retroactive to March 18, 2020.

Notes of Decisions

Cited in 3 cases, 2003–2013 · leading case: PNC Bank Corp. v. Workers' Comp. Appeal Bd., 831 A.2d 1269 (Pa. Commw. Ct. 2003).

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PNC Bank Corp. v. Workers' Comp. Appeal Bd., 831 A.2d 1269 (Pa. Commw. Ct. 2003). · cites it 2× “23 Pa.C.S. § 1306. Unless there is an emergency or extraordinary circumstances requiring court intervention, there is a three day waiting period for a marriage license following submission of the application.”

In Re Appeal of Coats, 849 A.2d 254 (Pa. Super. Ct. 2004). · cites it 6× “¶ 3 Appellant argues that the Clerk's strict application of 23 Pa.C.S. § 1306, requiring a marriage applicant's personal appearance for an oath and examination, effectively denies Appellant the ability to exercise his fundamental right to marry.”

Commonwealth, Dep't of Health v. Hanes, 78 A.3d 676 (Pa. Commw. Ct. 2013). “23 Pa.C.S. § 1306(a). Finally, under Section 1307, Hanes is required to issue the marriage license subject to the Section 1303(a) three-day waiting period, “[i]f it appears from properly completed applications on behalf of each of the parties to the proposed marriage that there…”

— 23 Pa. Cons. Stat. § 1306(a) — 1 case

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