Rule 224.Regulation of Order of Proof.

Adopted September 8, 1938 · Last amended April 12, 1999 · Last verified June 30, 2026

In one sentenceRule 224 lets the court require a plaintiff to put on all of its liability evidence before calling any witness who testifies only to the extent of injury or damages, allows the defendant to move for a nonsuit at that point, and permits witnesses to be taken out of order when the court thinks it wise.

Full Text of Rule 224

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The court may compel the plaintiff in any action to produce all evidence upon the question of the defendant’s liability before calling any witness to testify solely to the extent of the injury or damages. The defendant’s attorney may then move for a nonsuit. If the motion is refused, the trial shall proceed. The court may, however, allow witnesses to be called out of order if the court deems it wise so to do.

End

Plain-English Summary

This rule gives the court control over the sequence of proof. It may compel the plaintiff to produce all evidence on the defendant’s liability before calling any witness who speaks solely to the extent of injury or damages.

That sequencing creates a checkpoint. After the liability evidence is in, the defendant may move for a nonsuit; if the motion is refused, the trial proceeds. The court may still allow witnesses to be called out of order when it deems that wise.

Frequently Asked Questions

Can the court make the plaintiff prove liability before damages?

Yes. The court may compel the plaintiff to produce all liability evidence before calling any witness who testifies only to the extent of injury or damages, after which the defendant may move for a nonsuit.

Amendment History

The provisions of this Rule 224 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (200245).

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: order of proofbifurcation liability damagesnonsuit at trial