Rule 1038.3.Equitable Relief. Advisory Verdict by Jury.

Adopted December 16, 2003 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 1038.3 lets the court, in any case involving a claim for equitable relief, submit any or all issues to a jury for an advisory verdict, on its own motion or a party’s petition.

Full Text of Rule 1038.3

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In any case in which there is a claim for equitable relief, the court on its own motion or upon the petition of any party may submit to trial by jury any or all issues of fact arising from that claim. The advisory verdict of the jury shall be in the form of answers to specific questions and shall not be binding upon the court.

End

Plain-English Summary

This rule lets a court borrow a jury’s judgment in an equity case. Where a claim for equitable relief is involved, the court — on its own motion or a party’s petition — may submit any or all issues to trial by jury for an advisory verdict, which the court may accept or reject in reaching its own decision.

Frequently Asked Questions

Can there be a jury in an equity case?

The court may submit issues to a jury for an advisory verdict, but the decision in an equitable claim remains with the court.

Official Note

Official Note: Rule 1038.3 does not confer a right to trial by jury if the right did not exist prior to the consolidation of the action in equity with the civil action. The rule preserves the practice under former Equity Rule 1513 of allowing a court in its discretion to submit such claims to trial by jury for an advisory verdict.

Amendment History

The provisions of this Rule 1038.3 adopted December 16, 2003, effective July 1, 2004, 34 Pa.B. 9.

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: advisory verdictequitable relief juryadvisory jury