1181 Amendment of rule 220.1 governing voir dire; proposed recommendation no. 225

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 200]

Amendment of Rule 220.1 Governing Voir Dire; Proposed Recommendation No. 225

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

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 220.1 governing voir dire 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
[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 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:

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   (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, in the context of Capoferri v. Children's Hospital of Philadelphia, 893 A.2d 133 (Pa. Super. 2006) (en banc), petition for allowance of appeal denied, 916 A.2d 630 (Pa. 2006), 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.''

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Explanatory Comment

   The Civil Procedural Rules Committee is proposing the addition of a note to Rule 220.1(a)(16) governing voir dire. Current subdivision (a) lists the information to which parties are entitled to obtain during voir dire. The list concludes with a catch-all provision in subparagraph (16). The proposed note provides 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. 07-1181. Filed for public inspection July 6, 2007, 9:00 a.m.]