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PA Bulletin, Doc. No. 96-129

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 200]

Proposed Rule 220.1-1 Governing Voir Dire; Recommendation No. 130

[26 Pa.B. 427]

   The Civil Procedural Rules Committee proposes the adoption of Rule of Civil Procedure 220.1-1 governing voir dire. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court. All communications should be sent no later than April 12, 1996 to Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055.

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 220.1-1. Voir Dire.

   (a)  Voir dire shall be conducted to provide the opportunity to obtain at a minimum a full description of the following information concerning the prospective jurors and their households:

   (1)  Name;

   (2)  Date and place of birth;

   (3)  Residential neighborhood and zip code (not street address);

   (4)  Marital status;

   (5)  Nature and extent of education;

   (6)  Number and ages of children;

   (7)  Name, age and relationship of members of prospective juror's household;

   (8)  Occupation and employment history of the prospective juror, the juror's spouse and children and members of the juror's household;

   (9)  Involvement as a party or a witness in a civil lawsuit or a criminal case;

   (10)  Relationship, friendship or association with a law enforcement officer, a lawyer or any person affiliated with the courts of any judicial district;

   (11)  Relationship of the prospective juror or any member of the prospective juror's immediate family to the insurance industry, including employee, claims adjustor, investigator, agent, or stockholder in an insurance company;

   (12)  Motor vehicle operation and licensure;

   (13)  Physical or mental condition affecting ability to serve on a jury;

   (14)  Reasons the prospective juror believes he or she cannot or should not serve as a juror;

   (15)  Relationship, friendship or association with the parties, the attorneys and prospective witnesses of the particular case to be heard;

   (16)  Such other pertinent information as may be appropriate to the particular case to achieve a competent, fair and impartial jury.

   (b)  The court may provide for voir dire to include the use of a written questionnaire. However, the use of a written questionnaire without the opportunity for oral examination is not a sufficient voir dire.

   Official Note:  The parties or their attorneys may conduct the examination of the prospective jurors unless the court itself conducts or otherwise directs the examination.

   A written questionnaire may be used to facilitate and expedite the voir dire examination by providing the trial judge and attorneys with basic background information about the jurors, thereby eliminating the need for many commonly asked questions.

   (c)  The court may permit the examination of jurors out of the presence of other jurors.

Explanatory Comment

   Recommendation No. 130 proposes new Rule 220.1-1 governing voir dire, the examination of prospective jurors. The proposed rule furthers the goal of establishing a uniform civil practice throughout the Commonwealth with respect to the information which the parties may obtain concerning prospective jurors.

   The rule has been drafted to specify the information which the parties should be able to obtain through voir dire but not require a particular manner of voir dire. Subdivision (a) is devoted to listing the information to which the parties are entitled.

   The rule does not dictate the mechanics of voir dire, but leaves the method of voir dire to the local courts of common pleas. Subdivision (b) does give some guidance, however. Voir dire may include the use of a written questionnaire, but no form of questionnaire is mandated or suggested. The note observes that a written questionnaire may ''facilitate and expedite'' voir dire by providing basic background information. The rule provides, however, that ''the use of a written questionnaire without the opportunity for oral examination is not a sufficient voir dire.'' The parties are entitled to both hear prospective jurors and observe their demeanor.

   The rule recognizes that service upon a jury may be a new and disquieting experience to citizens called as prospective jurors. Information may be sought which a prospective juror feels uncomfortable revealing in open court. Thus, subdivision (c) provides that the ''court may permit the examination of jurors out of the presence of other jurors.''

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 96-129. Filed for public inspection February 2, 1996, 9:00 a.m.]


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