Oral examination. (a) General rule.-- Each of the applicants for a marriage license shall appear in person and shall be
Pennsylvania Consolidated Statutes
Section: 1306
Jurisdiction: PA
Bluebook Citation: 23 Pa. Cons. Stat. § 1306
§ 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.
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