2037 Proposed amendment of rule 223.1; governing conduct of the trial; proposed recommendation no. 247?

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Proposed Amendment of Rule 223.1; Governing Conduct of the Trial; Proposed Recommendation No. 247

[40 Pa.B. 6259]
[Saturday, October 30, 2010]

 The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 223.1 governing conduct of the trial 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 no later than December 31, 2010 to:

 Karla M. Shultz
Counsel
Civil Procedural Rules Committee
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg PA 17106-2635
fax [phone]
[e-mail]

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 223.1. Conduct of the Trial. Trial by Jury.

*  *  *  *  *

 (c) The court may

*  *  *  *  *

 (2) charge the jury at any time during the trial, [and]

*  *  *  *  *

 (3) make exhibits available to the jury during its deliberations[.], and

 (4) make a written copy of the charge or instructions, or a portion thereof, available to the jury following the oral charge or instructions at the conclusion of evidence for use during its deliberations.

Explanatory Comment

 Current Rule 223.1 governing the conduct of a jury trial does not contain a provision for the trial court to give the jury a written copy of the oral charge or instructions. With the Court's recent adoption of amendments to Pa.R.Crim.P. 646, which permits a trial judge to allow the jury to have written copies of the judge's charge during deliberations, the Civil Procedural Rules Committee is proposing a similar amendment to Rule 223.1. The amendment to subdivision (c)(4) will permit the trial court to provide the jury with a written copy of the oral charge or instructions at the conclusion of evidence.

By the Civil Procedural Rules Committee

ROBERT C. DANIELS, 
Chair

[Pa.B. Doc. No. 10-2037. Filed for public inspection October 29, 2010, 9:00 a.m.]