(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 cus- tody or legal control.
Rule 4010.1.Evaluation of Earning Capacity.
Adopted April 24, 1998 · Last amended April 24, 1998 · Last verified June 30, 2026
In one sentenceWhen a party's earning capacity is in controversy, the court may order an evaluation, subject to the same safeguards as a physical or mental examination, and the evaluator may testify only on damages, not liability.
Full Text of Rule 4010.1
(c) The evaluator may testify as a witness on the issue of damages only and not as a witness on the issue of liability.
Plain-English Summary
This rule extends the compelled-examination concept to earning capacity. When the earning capacity of a party, or of a person in a party’s custody or legal control, is in controversy, the court may order an evaluation. The evaluation is subject to the same protections that govern a physical or mental examination — good cause, notice, and the report-exchange provisions.
The rule limits the evaluator’s role at trial: the evaluator may testify only on the issue of damages, not on liability. Confining the testimony to damages keeps a capacity evaluation from being used to argue fault.
Frequently Asked Questions
Can a court order an earning-capacity evaluation?
Yes, when earning capacity is in controversy, subject to the safeguards that govern a physical or mental examination.
What can the evaluator testify about?
Only the issue of damages, not the issue of liability.
Amendment History
The provisions of this Rule 4010.1 adopted April 24, 1998, effective July 1, 1998, 28 Pa.B. 2131.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: earning capacity evaluationvocational evaluation