Rule 1038.2.Abolition of Case Stated.
Adopted August 9, 1996 · Not amended since adoption · Last verified June 30, 2026
Full Text of Rule 1038.2
Plain-English Summary
This short rule clears away an obsolete device. The common-law case stated — a formal joint statement of facts submitted for the court’s judgment — is abolished.
As the Official Note explains, it is no longer needed because parties can now submit a case on stipulated facts under the companion rule. Removing the old procedure avoids two overlapping routes to the same end and leaves the stipulated-facts submission as the single, clearer mechanism.
Frequently Asked Questions
Is a “case stated” still available in Pennsylvania?
No. The common-law case-stated procedure is abolished; parties use submission on stipulated facts under Rule 1038.1 instead.
Official Note
Official Note: The common law procedure of a case stated is no longer required in view of the practice of submitting a case on stipulated facts for decision by a judge without a jury. See Rule 1038.1.
Amendment History
The provisions of this Rule 1038.2 adopted August 9, 1996, effective January 1, 1997, 26 Pa.B. 4216.