THE COURTS

PART I. GENERAL

[231 PA. CODE CH. 200]

Amendment of Rule 226 Governing Points for Charge; Proposed Recommendation No. 226

[37 Pa.B. 3095]
[Saturday, July 7, 07]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 226 governing the points for charge be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than August 31, 2007 to:

Harold K. Don, Jr.
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
civil.rules@pacourts.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 or 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 226. Points for Charge. Motion for Directed Verdict.

   (a)  Points upon which the trial judge is requested to charge the jury shall be so framed that each may be completely answered by a simple affirmation or negation. Attorneys shall hand copies of requested points for charge to the trial judge and to the opposing attorneys before the closing addresses to the jury are begun.

   Official Note: As an appellate court cannot consider anything that is not part of the record in a case, an attorney submitting to the court a proposed point for charge must make certain that itbecomes part of the record by reading the point into the record, filing the point in the prothonotary's office, or attaching the point to a motion for post-trial relief.

   A point for charge which may be filed with the prothonotary or attached to a motion for post-trial relief must have been presented to the trial court in accordance with the rule.

*      *      *      *      *

Explanatory Comment

   The Civil Procedural Rules Committee is proposing to amend Rule 226 governing points for charge by adding a note that is intended to cure the problem of making points for charge part of the record for appellate review. The proposed amendment is in response to the case of Bennyhof v. Pappert, 790 A.2d 313 (Pa. Super. 2001), petition for allowance of appeal denied, 573 Pa. 682, 823 A.2d 143 (2003), in which the Superior Court concluded that although a point for charge had been raised by counsel and addressed by the trial court, the text of the point had not been made part of the certified record on appeal. The proposed note specifies the methods by which points for charge may be placed on the record. It is important to note that all points for charge must be presented to the court in accordance with the rule regardless of the method by which they are made part of the record.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 07-1182. Filed for public inspection July 6, 2007, 9:00 a.m.]

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