Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5921 (2026)

 Interest not to disqualify.

✓ current as of May 2026
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CIVIL MATTERS

§ 5921.  Interest not to disqualify.

In any civil matter before any tribunal of this Commonwealth, or conducted by virtue of its order or direction, no liability merely for costs nor the right to compensation possessed by an executor, administrator or other trustee, nor any interest merely in the question on trial, nor any other interest, or policy of law, except as is provided in this subchapter, shall make any person incompetent as a witness.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1995–2021 · leading case: In Re: B. Fiedler, Appeal of: E. Fiedler, 132 A.3d 1010 (Pa. Super. Ct. 2016).
In Re: B. Fiedler, Appeal of: E. Fiedler, 132 A.3d 1010 (Pa. Super. Ct. 2016). “2d 1150, 1152 (1990) (citing 42 Pa.C.S. § 5921). Under the Dead Man’s Act three conditions must exist before the surviving party or witness is disqualified: “(1) the deceased must have had an actual right or interest in the matter at issue, i.”
Schroeder v. Jaquiss, 861 A.2d 885 (Pa. 2004). “The general rule of witness competency reflected in the aforementioned Acts is presently in 42 Pa.C.S. § 5921. 10 . The Estate requested at oral argument that we consider abandoning the Anderson waiver principle and urged us to join those jurisdictions that allow a decedent's…”
Frazer, J. v. McEntire, S., 2021 Pa. Super. 211 (Pa. Super. Ct. 2021). “1990), citing 42 Pa.C.S. § 5921. “The Act provides that one whose interest is adverse to the interest of a decedent is not a competent witness to any matter which occurred before the decedent’s death.”
G.J.D. v. Johnson, 669 A.2d 378 (Pa. Super. Ct. 1995). “, shall be a competent witness to any matter occurring before the death of said party.... 42 Pa.C.S. § 5930 (emphasis added).”
Mt. Airy Ins. v. Thomas E. Angst & Assocs., P.C., 954 F. Supp. 1040 (E.D. Pa. 1997). “601; 42 Pa. Cons.Stat. Ann. § 5921; see also Larkin v.”
G.J.D. ex rel. G.J.D. v. Johnson, 669 A.2d 378 (Pa. Super. Ct. 1995). “C.S. § 5930 (emphasis added). The Dead Man’s Act is an exception to the general rule of evidence in this Commonwealth that: “no interest or policy of law .”
Blackmon, D. v. Moore, Z. (Pa. Super. Ct. 2020). “] 1990) (citing 42 Pa.C.S. § 5921). Under the Dead Man’s Act[,] three conditions must exist before the surviving party or witness is disqualified: “(1) the deceased must have had an actual right or interest in the matter at issue, i.”
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