Cumb. Cnty. Pa. 223

As amended through January 1, 2024

Rule 223 - Trial Procedure

In all trials the order of procedure shall be as follows:

(a) The counsel for the affirmative shall open their case and state the facts and, if necessary, the principles of law involved so that the relevancy of the facts may be understood, but without argument. Thereafter, the opposing counsel may open their case and proceed in like manner or may reserve their right to open until after the affirmative case in chief. If reserved, the counsel for the affirmative shall call witnesses for examination and cross-examination. If not reserved, the counsel for the affirmative shall present their case in chief at the close of the affirmative case. Closing arguments shall be in inverse order of the opening statements. Unless specifically allowed, no opening statement or summation shall exceed thirty (30) minutes.

(b) Upon the return of the jury to the courtroom, the judge shall examine the written verdict. If irregular, the judge shall further instruct the jury and send it back for further deliberation. If the written verdict is in proper form, regular and valid, the judge shall hand it to the Prothonotary clerk who shall inquire of the foreman:

"Have you reached a verdict?"

Upon an affirmative response, the Prothonotary clerk shall inquire of the foreman:

"What is your verdict?"

Thereupon the foreman shall pronounce the verdict.

Upon demand for a poll being made, the Prothonotary clerk shall inquire of each juror separately as to their verdict. The Court shall instruct the Prothonotary clerk as to the form of the question after consultation with counsel if desired.

If no demand for a poll is made or if the poll shows a legal verdict, the Prothonotary clerk shall enter the verdict and shall inquire of the jury in the usual form as to whether or not the same is their verdict.

Cumb. Cnty. Pa. 223

Amended effective 1/1/2024.