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PA Bulletin, Doc. No. 99-39

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 200]

Proposed Amendment to Rule 223 Governing Conduct of Jury Trial; Proposed Recommendation No. 154

[29 Pa.B. 168]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 223 governing conduct of a jury trial be amended as set forth in the recommendation. 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 in reference to the proposed recommendation should be sent not later than March 5, 1999 to: Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, Pennsylvania 17055, or E-Mail to civil.rules@supreme.court.state.pa.us.

   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 223.  Conduct of the Jury Trial.

   (a)  Subject to the requirements of due process of law and of the constitutional rights of the parties, the court may make and enforce rules and orders covering any of the following matters, inter alia:

   (1)  Limiting the number of witnesses whose testimony is similar or cumulative;

   (2)  Limiting the number of attorneys representing the same party or the same group of parties, who may actively participate in the trial of the case or may examine or cross-examine a witness or witnesses;

   (3)  Regulating the number and length of addresses to the jury or to the court;

   (4)  Regulating or excluding the public or persons not interested in the proceedings whenever the court deems such regulation or exclusion to be in the interest of the public good, order or morals.

   Official Note: [Berks Rules 308 and 314 limit the number of witnesses. The rules of several counties limit the number of trial counsel who may address the jury. Time limits are placed upon addresses to the jury in the rules of about ten counties.]

   Trial courts in Pennsylvania customarily exercise discretion as to the exclusion of persons from the court room in the interest of good order and morals.

   The [subject matter of former Rule 223(b) regulating the] exclusion of the taking of photographs or radio or television broadcasting is [now] governed by Canon 3A(7) of the Code of Judicial Conduct[, adopted November 21, 1973 and effective January 1, 1974].

   (b)  [Rescinded.]

   (1)  The court may use one or more of the procedures provided in paragraphs (2) and (3) as may be appropriate in the particular case.

   Official Note: It is not intended that this rule limit the inherent power of the court.

   (2)  The court may permit jurors to

   (i)  take notes and use them throughout the trial and during the jury's deliberation,

   Official Note: Jurors' notes should remain in the custody of the court officer when court is not in session.

   (ii)  submit questions to the court to be asked of the witnesses, and

   (iii)  view a premises or a thing in or on a premises.

   Official Note: See Rule 219 governing view of premises.

   (3)  The court may

   (i)  permit specified testimony to be read back to the jury upon the jury's request,

   (ii)  charge the jury at any time during the trial,

   Official Note: The court is not limited to charging the jury after the closing argument by the attorneys,

   (iii)  make exhibits and a portion of trial transcripts, excluding videotaped exhibits and transcripts, available to the jury during its deliberations, and

   (iv)  provide the jury with a written charge or written instructions.

Explanatory Comment

   The jury trial has been the subject of recent national attention. For example, this attention has been manifested in the adoption by the American Bar Association of Civil Trial Practice Standards, the publication by the Council for Court Excellence, District of Columbia Jury Project, of Juries for the Year 2000 and beyond, Proposals to Improve the Jury Systems in Washington D.C. (1998) and the promulgation of court rules in Arizona.

   The Civil Procedural Rules Committee is proposing the amendment of Rule 223 governing the conduct of a jury trial by adding new subdivision (b). The purpose of the proposed amendment is to facilitate the jurors' understanding of the case.

   It is not the Committee's purpose to devise an elaborate rule or detailed procedure. The rule is designed to be a catalog of options available to the court, advising both the bench and bar of the options and the court's power to invoke them. Thus, the proposed revision is not meant to restrict the court's inherent powers in conducting a jury trial.

   Proposed subdivision (b) of Rule 223 lists two categories of procedures. Paragraph (2) contains procedures through which the court may allow the jurors to actively participate in the trial: (i) taking notes, (ii) submitting questions to the court to be asked of the witnesses, and (iii) viewing a premises or a thing in or on a premises. Paragraph (3) contains procedures which the court may employ for the benefit of the jurors: (i) permitting specified testimony to be read back to the jury upon the jury's request, (ii) charging the jury at any time during the trial, (iii) making exhibits and portions of trial transcripts, other than videotaped exhibits and transcripts, available to the jury during its deliberations, and (iv) providing the jury with a written charge or written instructions.

   The use of these procedures is subject to the discretion of the court as set forth in paragraph (1) of new Rule 223(b): ''The court may use one or more of the procedures provided in paragraphs (2) and (3) as may be appropriate in the particular case.''

By the Civil Procedural
Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 99-39. Filed for public inspection January 8, 1999, 9:00 a.m.]


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