Rule 212.2.Civil actions to be tried by jury. Pre-trial statement. Content. Sanctions.

Adopted August 11, 1997 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 212.2 sets what a pre-trial statement must contain — a narrative of the case, the damages claimed, witness and exhibit lists, expert reports, and stipulations — requires exhibits to be made available, and lets the trial judge preclude undisclosed witnesses, expert opinions, and exhibits where non-compliance would cause unfair prejudice.

Full Text of Rule 212.2

Text sizeJump to: (a) (b) (c)

(a) A pre-trial statement shall contain

(1) a brief narrative statement of the case;

(2) a list of the types and amounts of all damages claimed;

(3) a list of the names and addresses of all persons who may be called as witnesses by the party filing the statement, classifying them as liability or damage witnesses. A reference which does not state the name of the witness shall be permitted when the witness is described by title or representative capacity;

(4) a list of all exhibits which a party intends to use at trial;

(5) a copy of the written report, or answer to written interrogatory consistent with Rule 4003.5, containing the opinion and the basis for the opinion of any person who may be called as an expert witness;

(6) stipulations of the parties, if any; and

(7) such additional information as the court by local rule or special order may require.

(b) The exhibits listed in the pre-trial statement, or copies thereof, shall be made available by the party filing the statement.

(c) Where the trial judge determines that unfair prejudice shall occur as the result of non-compliance with subdivisions (a) and (b), the trial judge shall grant appropriate relief which may include

(1) The preclusion or limitation of the testimony of

(i) any witness whose identity is not disclosed in the pre-trial statement, or

(ii) any expert witness whose opinions have not been set forth in the report submitted with the pre-trial statement or otherwise specifically referred to in the pre-trial statement, consistent with Rule 4003.5, and

(2) the preclusion of exhibits not listed in the pre-trial statement and made available.

End

Plain-English Summary

This rule fills in the content of the pre-trial statement. It must give a brief narrative of the case, list the types and amounts of damages, name the witnesses (sorted into liability and damage witnesses), list the trial exhibits, attach each expert’s report or interrogatory answer stating the opinion and its basis, and set out any stipulations.

Disclosure has teeth. The party must make the listed exhibits available, and where the trial judge finds that non-compliance would cause unfair prejudice, the judge grants relief — which may include barring a witness whose identity was not disclosed, barring expert opinions not set out in the report, and precluding exhibits that were not listed and made available.

Frequently Asked Questions

What must a pre-trial statement include?

A narrative of the case, the damages claimed, lists of witnesses (liability and damage) and exhibits, each expert’s report or interrogatory answer with the opinion and its basis, and any stipulations.

What happens if a witness or exhibit is left out of the pre-trial statement?

Where omission would cause unfair prejudice, the trial judge may preclude the undisclosed witness, bar expert opinions not set out in the report, and exclude exhibits that were not listed and made available.

Official Note

Official Note: A listing of ‘‘anyone named in discovery’’ is insufficient under this rule. A listing of a ‘‘records custodian’’ of a specific entity is a sufficient listing. This rule does not contemplate that the pre-trial statement include a list of witnesses for use in rebuttal or for impeachment. These matters are governed by case law.

Official Note: This rule does not contemplate that the pre-trial statement include a list of exhibits for use in rebuttal or for impeachment. These matters are governed by case law.

Official Note: The notes or records of a physician may be supplied in lieu of written reports.

Amendment History

The provisions of this § 212.2 adopted August 11, 1997, effective December 1, 1997, 27 Pa.B. 4426.

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: pre-trial statement contentwitness listexhibit listpreclusion sanctions