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PA Bulletin, Doc. No. 08-500

THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Amendment of Rule 220.1 Governing Voir Dire; No. 490 Civil Procedural Rules; Doc. No. 5

[38 Pa.B. 1349]
[Saturday, March 22, 2008]

Order

Per Curiam:

   And Now, this 11th day of March, 2008, Pennsylvania Rule of Civil Procedure 220.1 is amended to read as follows.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective June 1, 2008.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 220.1. Voir Dire.

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

*      *      *      *      *

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

   Official Note: For example, under presently prevailing law as established by the Superior Court, voir dire should have been allowed with respect to the effect of pre-trial publicity on prospective jurors' ''attitudes regarding medical malpractice and tort reform.'' Capoferri v. Children's Hosp. of Phila., 893 A.2d 133 (Pa. Super. 2006) (en banc).

*      *      *      *      *

Explanatory Comment

   Rule 220.1 governing voir dire has been amended with the addition of a note to subdivision (a)(16). Subdivision (a) lists the information to which parties are entitled to obtain during voir dire, concluding with a catch-all provision in subparagraph (16). The note cites Capoferri v. Children's Hopsital of Philadelphia, 893 A.2d 133 (Pa. Super. 2006) (en banc), as an example of the type of information that may be sought from potential jurors pursuant to subparagraph (16) to achieve a competent, fair and impartial jury in a particular case.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 08-500. Filed for public inspection March 21, 2008, 9:00 a.m.]


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