Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6104 (2026)

  Effect of official records generally.

✓ current as of May 2026
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§ 6104.  Effect of official records generally.

(a)  General rule.--A copy of a record of governmental action or inaction authenticated as provided in section 6103 (relating to proof of official records) shall be admissible as evidence that the governmental action or inaction disclosed therein was in fact taken or omitted.

(b)  Existence of facts.--A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty or would have been so recorded had the facts existed shall be admissible as evidence of the existence or nonexistence of such facts, unless the sources of information or other circumstances indicate lack of trustworthiness.

Notes of Decisions
Cited in 34 cases (4 in the last 5 years), 1979–2025 · leading case: D'ALESSANDRO v. Pennsylvania State Police, 937 A.2d 404 (Pa. 2007).
D'ALESSANDRO v. Pennsylvania State Police, 937 A.2d 404 (Pa. 2007). · cites it 17× “—A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty or would have been so recorded had the facts existed shall be admissible as evidence of the existence or…”
Commonwealth v. Carter, 932 A.2d 1261 (Pa. 2007). · cites it 10× “Admissibility Under 42 Pa.C.S. § 6104 Even if the lab report does not fall under the business record exception, it would still be admissible as an official record under § 6104 of the Judicial Code, which provides: (a) General rule.”
Commonwealth v. Stallworth, 781 A.2d 110 (Pa. 2001). · cites it 4× “Although Section 6104 of the Judicial Code provides a hearsay exception for public records, the statute refers to "a record of governmental action or inaction," 42 Pa. C.S. § 6104(a), and "a record ... disclosing the existence or nonexistence of facts which have been recorded…”
Commonwealth v. May, 898 A.2d 559 (Pa. 2006). · cites it 4× “Further, police reports are exempt from hearsay disqualification pursuant to the Public Records Statute, 42 Pa.C.S. § 6104. Justice Saylor expresses concern that any documents prepared in anticipation of litigation should not be considered a business record.”
Commonwealth v. Lopez, 57 A.3d 74 (Pa. Super. Ct. 2012). “Further, police reports are exempt from hearsay disqualification pursuant to the Public Records Statute, 42 Pa.C.S. § 6104. Id. Moreover, Officer Cer-mignano later testified that he and Officer Nicolette were the first to meet Mr.”
Shapiro v. State Bd. of Acct., 856 A.2d 864 (Pa. Commw. Ct. 2004). · cites it 2× “42 Pa.C.S. § 6104(a). In addition: A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty .”
Jennings v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 715 A.2d 552 (Pa. Commw. Ct. 1998). · cites it 3× “42 Pa.C.S. § 6104 (emphasis added). Because that portion of the police report which addresses the issue in this case, *555 i.”
D'Alessandro v. Pennsylvania State Police, 878 A.2d 133 (Pa. Commw. Ct. 2005). · cites it 3× “42 Pa.C.S. § 6104(b). 2 Petitioner’s criminal record, including the Police Report, was submitted with a *141 document titled “Certificate Made Pursuant to 42 Pa.”
Gallant v. Commonwealth, Dep't of Transp., 805 A.2d 1 (Pa. Commw. Ct. 2002). · cites it 2× “Our General Assembly has recognized this and enacted 42 Pa.C.S. § 6104 [12] as an exception to the hearsay rule.”
Barylak v. Montgomery Cnty. Tax Claim Bureau, 74 A.3d 414 (Pa. Commw. Ct. 2013). “To meet its burden of proving that the notice was posted properly, the Bureau introduced the Deputy Sheriffs affidavit of posting, which indicated the date and time that the Deputy Sheriff posted the notice at the Property.”
Paey Assocs., Inc. v. Pennsylvania Liquor Control Bd., 78 A.3d 1187 (Pa. Commw. Ct. 2013). “42 Pa.C.S. § 6104. This Court has held that police incident reports introduced at a PLCB hearing are not admissible under the official records exception to the hearsay rule set forth in Sections 6103 and 6104 of the Judicial Code if the proffering officer does not attest to the…”
Dubolino v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 816 A.2d 1200 (Pa. Commw. Ct. 2002). “We note, however, Section 6104 of the Judicial Code, 42 Pa.C.S. § 6104, the official records exception to the hearsay rule, which provides in part: (b) Existence of facts.”
— 42 Pa. Cons. Stat. § 6104(a) — 8 cases
Commonwealth v. Stallworth, 781 A.2d 110 (Pa. 2001). “Although Section 6104 of the Judicial Code provides a hearsay exception for public records, the statute refers to "a record of governmental action or inaction," 42 Pa. C.S. § 6104(a), and "a record ... disclosing the existence or nonexistence of facts which have been recorded…”
Shapiro v. State Bd. of Acct., 856 A.2d 864 (Pa. Commw. Ct. 2004). “42 Pa.C.S. § 6104(a). In addition: A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty .”
Barylak v. Montgomery Cnty. Tax Claim Bureau, 74 A.3d 414 (Pa. Commw. Ct. 2013). “To meet its burden of proving that the notice was posted properly, the Bureau introduced the Deputy Sheriffs affidavit of posting, which indicated the date and time that the Deputy Sheriff posted the notice at the Property.”
— 42 Pa. Cons. Stat. § 6104(b) — 9 cases
D'ALESSANDRO v. Pennsylvania State Police, 937 A.2d 404 (Pa. 2007). “—A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty or would have been so recorded had the facts existed shall be admissible as evidence of the existence or…”
Commonwealth v. Stallworth, 781 A.2d 110 (Pa. 2001). “Although Section 6104 of the Judicial Code provides a hearsay exception for public records, the statute refers to "a record of governmental action or inaction," 42 Pa. C.S. § 6104(a), and "a record ... disclosing the existence or nonexistence of facts which have been recorded…”
D'Alessandro v. Pennsylvania State Police, 878 A.2d 133 (Pa. Commw. Ct. 2005). “42 Pa.C.S. § 6104(b). 2 Petitioner’s criminal record, including the Police Report, was submitted with a *141 document titled “Certificate Made Pursuant to 42 Pa.”
Shapiro v. State Bd. of Acct., 856 A.2d 864 (Pa. Commw. Ct. 2004). “42 Pa.C.S. § 6104(a). In addition: A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty .”
Groff v. Commonwealth, 467 A.2d 1224 (Pa. Commw. Ct. 1983).
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