Rule 223.1.Conduct of the Trial. Trial by Jury.

Adopted November 3, 1999 · Last amended July 7, 2015 · Last verified June 30, 2026

In one sentenceRule 223.1 governs the conduct of a jury trial, requiring the judge to give the preliminary instructions of Rule 220.1 before evidence and permitting the court to use procedures such as a jury view, reading testimony back, charging the jury at any time, and giving the jury exhibits and a written copy of the charge during deliberations.

Full Text of Rule 223.1

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

(a) Before the taking of evidence, the trial judge shall instruct the jurors as provided in Rule 220.1.

(b) In conducting a trial by jury, the court may use one or more of the procedures provided in subdivisions (c) and (d) as may be appropriate in the particular case.

(d) The court may

(1) permit specified testimony to be read back to the jury upon the jury’s request,

(2) charge the jury at any time during the trial,

(3) make exhibits available to the jury during its deliberations, and

(4) make a written copy of the charge or instructions, or a portion thereof, available to the jury following the oral charge or instructions at the conclusion of evidence for use during its deliberations.

End

Plain-English Summary

This rule equips the court for a jury trial. Before evidence is taken, the trial judge gives the jurors the preliminary instructions required by Rule 220.1.

During the trial the court may use a menu of procedures as fits the case: permitting the jury to view a premises or a thing, having specified testimony read back on the jury’s request, charging the jury at any time during trial, making exhibits available during deliberations, and giving the jury a written copy of all or part of the charge for use in deliberating.

Frequently Asked Questions

Can the jury get a written copy of the jury instructions?

Yes. The court may make a written copy of the charge, or a portion of it, available to the jury after the oral charge for use during deliberations.

Can testimony be read back to the jury?

Yes. The court may permit specified testimony to be read back to the jury upon the jury’s request.

Official Note

Official Note: This rule catalogs certain procedures which may be utilized in the conduct of a jury trial. Since the court has broad power and discretion in the manner in which it conducts a jury trial, it is not intended that this rule be construed as enlarging, restricting or in any way affecting that power and discretion. See Rule 223.2 for juror note taking in civil cases.

Official Note: See Rule 219 governing view of premises.

Official Note: The court is not limited to charging the jury after the closing argument by the attorneys.

Amendment History

The provisions of this Rule 223.1 adopted November 3, 1999, effective January 1, 2000, 29 Pa.B. 5918; amended July 20, 2003, effective September 1, 2003, 33 Pa.B. 4071; amended December 23, 2011, effective February 1, 2012, 42 Pa.B. 377; amended July 7, 2015, effective October 1, 2015, 45 Pa.B. 3976. Immediately preceding text appears at serial pages (360258) to (360259).

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. Last verified June 30, 2026. · Official text

Also known as: jury trial conductread-backwritten jury chargeexhibits to jury