629 Amendment of rule 223.1 governing trial by jury; proposed recommendation no. 222

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 200]

Amendment of Rule 223.1 Governing Trial by Jury; Proposed Recommendation No. 222

[37 Pa.B. 1640]
[Saturday, April 14, 2007]

   The Civil Procedural Rules Committee is proposing that Rule of Civil Procedure 223.1 governing trial by jury be amended by adding new subdivision (d) relating to jurors' use of electronic devices. 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 June 1, 2007 to:

   Harold K. Don, Jr.,
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
[e-mail]

   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 223.1.  Conduct of the Trial. Trial by Jury.

*      *      *      *      *

   (d)(1)  During the trial, jurors may not

   (i)  seek information by any means, including cellular telephones or other electronic devices, or from any source, including e-mail and the Internet, or

   (ii)  publish information by any means, including cellular telephones or other electronic devices, or to any media, including e-mail and the Internet.

   (2)  During the deliberations of the jury, jurors may not

   (i)  communicate with persons outside the jury room other than the trial judge,

   (ii)  seek or publish information as provided by subdivision (d)(1).

   Official Note:  This rule does not regulate the possession by jurors of electronic devices including cell phones and laptop computers. This is left to the discretion of the local court or trial judge.

Explanatory Comment

   Electronic devices such as cellular telephones and laptop computers have become an integral part of modern life. However, such devices have no place in the performance of the duties of a juror. Anecdotal and published reports of the use of these devices by jurors during the course of the trial or deliberations of the jury indicate a need that jurors be informed or reminded that these devices are not to be used during the performance of their duties. Proposed Rule 223.1(d) supplies this need.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 07-629. Filed for public inspection April 13, 2007, 9:00 a.m.]