Rule 1038.1.Case Submitted on Stipulated Facts.

Adopted August 9, 1996 · Not amended since adoption · Last verified June 30, 2026

In one sentenceThe parties may submit a case to a judge for decision on stipulated facts, without a jury, with the practice following the rules for a non-jury trial as far as they fit.

Full Text of Rule 1038.1

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A case may be submitted on stipulated facts for decision by a judge without a jury. The practice and procedure as far as practicable shall be in accordance with the rules governing a trial without jury.

End

Plain-English Summary

This rule offers a streamlined path to judgment when the facts are not in dispute. The parties agree on the facts and submit them to a judge, who decides the case without a jury.

The procedure tracks the rules for a trial without a jury so far as practicable, including the post-trial practice that follows a non-jury decision. Submitting on stipulated facts lets the parties skip the evidence-taking and put a purely legal question — how the law applies to agreed facts — directly to the court for decision.

Frequently Asked Questions

Can a case be decided on agreed facts without a trial?

Yes. A case may be submitted on stipulated facts for a judge’s decision without a jury.

Official Note

Official Note: See Rules 1038 governing trial without jury and 227.1 et seq. governing post-trial practice.

Amendment History

The provisions of this Rule 1038.1 adopted August 9, 1996, effective January 1, 1997, 26 Pa.B. 4216.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: stipulated factscase submitted on stipulated facts