Rule 201. Agreements of Attorneys.

 Agreements of attorneys relating to the business of the court shall be in writing, except such agreements at bar as are noted by the prothonotary upon the minutes or by the stenographer on the stenographer’s notes.

   Official Note

   Adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.
 The word ‘‘prothonotary’’ refers to the court official, irrespective of title, who keeps the minutes of the court.

   Official Note

   Agreements as to contingent fees are governed by the Rules of Professional Conduct.

   Official Note

   Payments by attorneys are governed by the Rules of Professional Conduct.

   Official Note

   Payments to persons in connection with litigation are governed by the Rules of Professional Conduct.

 All pleadings, motions and other legal papers must conform to the following requirements:

   (1)  The document shall be on 8 1/2 inch by 11 inch paper.

   (2)  The document shall be prepared on white paper (except for dividers and similar sheets) of good quality.

   (3)  The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.

   (4)  The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Margins must be at least one inch on all four sides.

   (5)  The lettering shall be clear and legible and no smaller than point 12. The lettering shall be on only one side of a page, except that exhibits and similar supporting documents may be lettered on both sides of a page.

   (6)  Documents and papers shall be firmly bound.

   Rule 205 provided that the Code of Professional Responsibility of the American Bar Association, adopted August 12, 1969 and amended February 24, 1970, was the standard of conduct for attorneys of all courts of the Commonwealth. The Committee has long felt that such a rule was properly a rule of disciplinary enforcement rather than one of civil procedure.

 Any legal paper not requiring the signature of, or action by, a judge prior to filing may be delivered or mailed to the prothonotary, sheriff or other appropriate officer accompanied by the filing fee, if any. Neither the party nor the party’s attorney need appear personally and present such paper to the officer. The signature of an attorney on a paper constitutes a certification of authorization to file it. The endorsement of an address where papers may be served in the manner provided by Rule 440(a) shall constitute a sufficient registration of address. The notation on the paper of the attorney’s current Supreme Court identification number issued by the Court Administrator of Pennsylvania shall constitute proof of the right to practice in the Commonwealth. A paper sent by mail shall not be deemed filed until received by the appropriate officer.

   Official Note

   The address endorsed on the legal paper must be one where the paper may be handed to or mailed to the attorney. See Rule 440(a)(1).

   The filing of legal documents prepared on recycled paper of good quality is encouraged.

 No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the prothonotary based on a requirement of a local rule of civil procedure or judicial administration, including local Rules 205.2(a) and 205.2(b).

   Official Note

   Rule 239.1(a) authorizes each court of common pleas to impose requirements governing the physical characteristics of pleadings and other legal papers. Rule 239.1(a) requires each court which has imposed requirements to promulgate a local rule, numbered Local Rule 205.2(a), listing the requirements.

   Similarly, Rule 239.1(b) also authorizes each court to require pleadings and other legal papers to be accompanied by a cover sheet. Rule 239.1(b) requires each court which has imposed the requirement to promulgate a local rule, numbered Local Rule 205.2(b), stating the requirement and setting forth the form of the cover sheet.

   Any local rule which has been promulgated must be published on the Pennsylvania Judiciary’s Web Application Portal (http://ujsportal.pacourts.us).

 (a)  A party may file with the prothonotary an original pleading or other legal paper, or a copy including a facsimile copy provided that the copy shows that the original pleading or other legal paper was properly signed and, where applicable, verified. Except as otherwise provided by law, the copy shall be deemed the equivalent of the original document.

   Official Note

   This rule does not authorize the filing of legal papers with the prothonotary by facsimile transmission, but, rather, authorized the filing of a non-original facsimile or other copy. See Rule 205.1 governing the manner of filing with the prothonotary.

   See Rule 76 for the definition of facsimile copy.

   The facsimile copy must be on paper of good quality. See Pa.R.A.P. 124(a)(1).

   This rule is not intended to alter the requirement of Rule 2951(c)(2) that a judgment by confession be entered pursuant to complaint if the original cannot be produced for filing.

 (b)  If a party has filed of record a copy of a pleading or other legal paper, any other party may require the filing of the original document by filing with the prothonotary and serving upon the party who filed the copy a notice to file the original document with the prothonotary within fourteen days of the filing of the notice.

 (a)(1)  A court by local rule may permit or require electronic filing of legal papers with the prothonotary and shall specify the actions and proceedings and the legal papers subject to the rule.

   Official Note

   This rule does not require the implementation of electronic filing by a local court.

   If a court determines that legal papers may be filed electronically with the prothonotary, Rule 239.9(a) requires the court to promulgate Local Rule 205.4 which shall describe the electronic filing system program and set forth the practice and procedure for the matters required by this rule.

   If a court provides that electronic filing is mandatory, it must also provide the necessary technical assistance to those parties who lack the capability to file legal papers electronically.

   (2)  As used in this rule, the following words shall have the following meanings:

    ‘‘electronic filing,’’ the electronic transmission of legal papers by means other than facsimile transmission,

    ‘‘filing party,’’ an attorney, party or other person who files a legal paper by means of electronic filing, and

    ‘‘legal paper,’’ a pleading or other paper filed in an action, including exhibits and attachments.

 (b)(1)  Legal papers shall be presented for filing in portable document format (‘‘pdf’’) or any other electronic format, if any, that the court by local rule designates. A paper presented for filing in a format other than portable document format shall be converted to portable document format and maintained by the prothonotary in that format.

   Official Note

   Rule 239.9(b)(2) requires that subdivision (b)(1) of Local Rule 205.4 specify the electronic format for presenting legal papers for filing.

   (2)  A legal paper filed electronically shall be deemed the original document.

   (3)  The electronic filing of a legal paper constitutes a certification

     (i)   by the filing party that a hard copy of the legal paper was properly signed and, where applicable, verified, and

     (ii)   as provided by Rule 1023.1(c) governing the signature to a legal paper, the violation of which shall be subject to the sanction provision of Rule 1023.1(d).

   (4)  The filing party shall maintain the signed hard copy of the document filed for two years after the later of

     (i)   the disposition of the case,

     (ii)   the entry of an order resolving the issue raised by the legal paper, or

     (iii)   the disposition by an appellate court of the issue raised by the legal paper.

   (5)  Any other party at any time may serve upon the filing party a notice to produce for inspection the signed hard copy within fourteen days of the service of the notice. The court upon motion may grant appropriate sanctions for failure to produce the signed hard copy pursuant to the notice.

 (c)(1)  The prothonotary when authorized to accept filings by electronic transmission shall provide electronic access at all times.

   (2)  The prothonotary may designate a website for the electronic filing of legal papers. Access to the website shall be available by the attorney identification number issued by the Court Administrator of Pennsylvania. The court by local rule shall designate the manner of access to the website for a filing party who is not an attorney.

   Official Note

   Rule 239.9(b)(3) requires that subdivision (c)(2) of Local Rule 205.4 specify the manner of access to the website by a filing party who is not an attorney.

   (3)  The time and date of filing submission and receipt of the legal paper to be filed electronically shall be that registered by the electronic filing system. The prothonotary shall provide, through the electronic filing system’s website, an acknowledgement that the legal paper has been received, including the date and time of receipt, in a form which can be printed for retention by the filing party.

 (d)(1)  A filing party shall pay the cost of the electronic filing of a legal paper by approved credit or debit card, or by advance deposit of sufficient funds with the prothonotary if the court by local rule so provides.

   (2)  A filing party who presents the legal paper for electronic filing in person at the office of the prothonotary shall pay the cost by a method prescribed by paragraph (1) or by check or cash.

   (3)  If a court has designated a third party to operate the electronic filing system, the filing party shall pay the cost of the electronic filing to the prothonotary or to the third party operator in the manner provided by local rule.

   Official Note

   Rule 239.9(b)(4) requires that subdivision (d)(1) of Local Rule 205.4 list the credit and debit cards approved by the court or the prothonotary, and state whether the filing fee may be paid by depositing, in advance, sufficient funds with the prothonotary.

   Rule 239.9(b)(5) provides for subdivision (d)(3) of Local Rule 205.4 to govern the payment of the filing fee to a third party operator, if applicable.

 (e)(1)  A filing party shall be responsible for any delay, disruption, interruption of the electronic signals and legibility of the document electronically filed, except when caused by the failure of the electronic filing system’s website.

   Official Note

   The filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the prothonotary.

   (2)  No pleading or other legal paper that complies with the Pennsylvania Rules of Civil Procedure shall be refused for filing by the prothonotary or the electronic filing system based upon a requirement of a local rule or local administrative procedure or practice pertaining to the electronic filing of legal papers.

   Official Note

   See also Rule 205.2 governing filing legal papers with the prothonotary.

   (3)  If a pleading or other legal paper is not accepted upon presentation for filing or is refused for filing by the electronic filing system, the prothonotary or the electronic filing system, as may be appropriate, shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or refused for filing by the system, and the reason therefor.

   (4)(i)  The court upon motion shall resolve any dispute arising under paragraphs (1) and (2) of this subdivision.

     (ii)   If a party makes a good faith effort to electronically file a legal paper but it is not received, accepted or filed by the electronic filing system, the court may order that the paper be accepted and filed nunc pro tunc upon a showing that reasonable efforts were made to timely present and file the paper.

 (f)  When electronic filing is permitted as set forth in subdivision (a)(1), the court by local rule shall provide for

   (1)  a filing status message to the filing party,

   (2)  the maintenance by the prothonotary of an electronic file only, or of such electronic and such hard copy files as set forth in the rule,

   Official Note

   A hard copy file is not required by this rule. If the local rule requires a hard copy file, the requirement may extend to all cases or only to certain specified cases. For example, the court may require hard copy files for cases listed for trial or scheduled for argument while maintaining only electronic files for all other cases.

   (3)  additional procedures, if necessary, to ensure the security of the web site and the electronic files,

   (4)  procedures for the payment of prothonotary’s fees and costs, and

   (5)  such other procedures and matters necessary to the operation of a system of electronic filing.

   Official Note

   Rule 239.9(b)(6) provides that subdivision (f) of Local Rule 205.4 must set forth the practice and procedure with respect to the matters required by subdivision (f) of this rule.

 (g)(1)  Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served

     (i)   as provided by Rule 440 or

     (ii)   by electronic transmission, other than facsimile transmission, if the parties agree thereto or an electronic mail address is included on an appearance or prior legal paper filed with the court in the action. A paper served electronically is subject to the certifications set forth in subdivision (b)(3).

   (2)  Service by electronic transmission is complete when a legal paper is sent

     (i)   to the recipient’s electronic mail address, or

     (ii)   to an electronic filing system website and an e-mail message is sent to the recipient by the electronic filing system that the legal paper has been filed and is available for review on the system’s website.

   Official Note

   Upon the electronic filing of a legal paper other than original process, the electronic filing system may automatically send notice of the filing to all parties who have agreed to service by electronic transmission or whose e-mail address is included on an appearance or prior legal paper filed in connection with the action. If the electronic filing system sends notice of such filing, the party filing the legal paper only need serve those parties who are not served by the electronic filing system.

   An electronic mail address set forth on letterhead is not a sufficient basis under this rule to permit electronic service of legal papers.

   See Rule 236(d) providing for the prothonotary to give notice of orders and judgments, and also other matters, by facsimile transmission or other electronic means.

   See Rule 440(d) governing service of legal papers other than original process by facsimile transmission.

 (a)  As used in this chapter, ‘‘petition’’ means

   (1)  an application to open a default judgment or a judgment of non pros, and

   (2)  any other application which is designated by local rule, numbered Local Rule 206.1(a), to be governed by Rule 206.1 et seq.

   Official Note

   A petition for relief from a judgment by confession is governed by Rule 2959.

   Motions are governed by Rule 208.1 et seq.

   Rule 206.1(a)(2) authorizes each court of common pleas to designate applications which are to proceed in the manner of a petition under Rule 206.1 et seq. Rule 239.2(a) requires each court which has made that designation to promulgate a local rule, numbered Local Rule 206.1(a), listing the applications to be determined pursuant to Rule 206.1 et seq. Any local rule which has been promulgated must be published on the Pennsylvania Judiciary’s Web Application Portal (http://ujsportal.pacourts.us).

 (b)  A petition shall specify the relief sought and state the material facts which constitute the grounds therefor.

 (c)  A petition shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.

   Official Note

   Petitions are subject to Rule 440 governing service of legal papers other than original process, Rule 1023.1 governing the signing of documents, and Rule 1025 governing the endorsement of legal papers. Any requirements of a court relating to the format of a petition and cover sheet must be set forth in local rules numbered Local Rule 205.2(a) and Local Rule 205.2(b).

 (a)  An answer shall state the material facts which constitute the defense to the petition.

 (b)  An answer to a petition shall be divided into paragraphs, numbered consecutively, corresponding to the numbered paragraphs of the petition.

 A petition or an answer containing an allegation of fact which does not appear of record shall be verified.
Official Note: See Rule 76 for the definition of ‘‘verified.’’

 (a)  A petition shall proceed upon a rule to show cause, the issuance of which shall be discretionary with the court as provided by Rule 206.5 unless the court by local rule adopts the procedure of Rule 206.6 providing for issuance as of course.

   Official Note

   See Rule 440 requiring service of the petition upon every other party to the action.

 (b)  The procedure following issuance of the rule to show cause shall be in accordance with Rule 206.7.

   Official Note

   Subdivisions (b) through (e) of Rule 239.2 require every court to promulgate Local Rule 206.4(c) describing the court’s procedures for the issuance of a rule to show cause. Local Rule 206.4(c) shall be published on the Pennsylvania Judiciary’s Web Application Portal (http://ujsportal.pacourts.us).

 (a)  Rescinded.

 (b)  A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed by subdivision (d) and give notice to all other parties of the intention to request the court to issue the rule.

 (c)  If the petition is within the scope of Rule 206.1(a), is properly pleaded, and states prima facie grounds for relief, the court shall enter an order issuing a rule to show cause and may grant a stay of the proceedings.

 (d)  The form of order required by subdivision (b) shall be substantially in the following form:

   (CAPTION)

   ORDER

 AND NOW, this

   (1)  a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;

   (2)  the respondent shall file an answer to the petition within

   (3)  the petition shall be decided under Pa.R.C.P. No. 206.7;

   (4)  depositions shall be completed within

   (5)  argument shall be held on

   (6)  notice of the entry of this order shall be provided to all parties by the petitioner.

   BY THE COURT:

   Official Note

    In counties in which an evidentiary hearing is held, the order should be modified by deleting paragraphs (4) and (5) and substituting new paragraph (4) to read as follows:

   (4) an evidentiary hearing on disputed issues of material fact shall be held on

   The court may provide in the order for disposition upon briefs rather than oral argument.

   The court has inherent power to permit forms of discovery other than depositions.

   The court may provide in the order for the filing of briefs.

 (a)  A rule to show cause shall be issued as of course upon the filing of the petition. The rule shall direct that an answer be filed to the petition within twenty days after service of the petition on the respondent.

 (b)  The court may grant a stay of the proceedings.

 (c)  The petitioner shall attach to the petition a proposed order substantially in the following form:

   (CAPTION)

   ORDER

 AND NOW, this

   (1)  a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested;

   (2)  the respondent shall file an answer to the petition within twenty days of service upon the respondent;

   (3)  the petition shall be decided under Pa.R.C.P. No. 206.7;

   (4)  depositions shall be completed within

   (5)  argument shall be held on

   (6)  notice of the entry of this order shall be provided to all parties by the petitioner.

   BY THE COURT:

   Official Note

    Paragraphs (4) and (5) are optional in a county adopting the alternative procedure. This accommodates local procedures which do not fix a hearing date until the answer and depositions have been filed.
 In counties in which an evidentiary hearing is held, the order should be modified by deleting paragraphs (4) and (5) and substituting new paragraph (4) to read as follows:

   (4) an evidentiary hearing on disputed issues of material fact shall be held on

   The court may provide in the order for disposition upon briefs rather than oral argument.

   The court has inherent power to permit forms of discovery other than depositions.

 (a)  If an answer is not filed, all averments of fact in the petition may be deemed admitted for the purposes of this subdivision and the court shall enter an appropriate order.

 (b)  If an answer is filed raising no disputed issues of material fact, the court on request of the petitioner shall decide the petition on the petition and answer.

 (c)  If an answer is filed raising disputed issues of material fact, the petitioner may take depositions on those issues, or such other discovery as the court allows, within the time set forth in the order of the court. If the petitioner does not do so, the petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted for the purpose of this subdivision.

 (d)  The respondent may take depositions, or such other discovery as the court allows.

 (a)  If a party moves the court to exclude expert testimony which relies upon novel scientific evidence, on the basis that it is inadmissible under Pa.R.E. 702 or 703,

   (1)  the motion shall contain:

     (i)   the name and credentials of the expert witness whose testimony is sought to be excluded,

     (ii)   a summary of the expected testimony of the expert witness, specifying with particularity that portion of the testimony of the witness which the moving party seeks to exclude,

     (iii)   the basis, set forth with specificity, for excluding the evidence,

     (iv)   the evidence upon which the moving party relies, and

     (v)   copies of all relevant curriculum vitae and expert reports;

   (2)  any other party need not respond to the motion unless ordered by the court;

   (3)  the court shall initially review the motion to determine if, in the interest of justice, the matter should be addressed prior to trial. The court, without further proceedings, may determine that any issue of admissibility of expert testimony be deferred until trial; and

   (4)  the court shall require that a response be filed If it determines that the matter should be addressed prior to trial.

   Official Note

   This rule establishes procedures for motions to exclude expert testimony which relies upon novel scientific evidence. The rule does not address the requirements for the admission of expert testimony under Pa.R.E. 702 and 703, which are governed by case law. It also does not address motions under those rules on other grounds.

   The court has discretion in the manner in which it determines the motion. While depositions of expert witnesses and evidentiary hearings are available to the court for this purpose, they should be utilized in limited circumstances. See the limitations set forth in Rule 4003.5 governing discovery of expert testimony.

   In deciding whether to address prior to trial the admissibility of the testimony of an expert witness, the following factors are among those which the court should consider: the dispositive nature or significance of the issue to the case, the complexity of the issue involved in the testimony of the expert witness, the degree of novelty of the proposed evidence, the complexity of the case, the anticipated length of trial, the potential for delay of trial, and the feasibility of the court evaluating the expert witness’ testimony when offered at trial.

   When a ruling on a pre-trial motion to exclude the testimony of an expert witness is deferred until trial, the trial judge may choose to decide the motion (1) before the expert witness testifies on the basis of evidence offered outside the presence of the jury or (2) after the expert witness testifies on the basis of testimony offered at trial, in which event the trial judge will strike the testimony of the expert witness if it is found to be inadmissible under Pa.R.E. 702 or 703. However, hearings on preliminary matters must be conducted outside the presence of the jury ‘‘when the interests of justice require.’’ See Pa.R.E. 104.

 (b)  A party is not required to raise the issue of the admissibility of testimony of an expert witness prior to trial unless the court orders the party to do so.

 (a)  As used in this chapter, ‘‘motion’’ means any application to the court for an order made in any civil action or proceeding except as provided by subdivision (b)(1) and (2).

 (b)(1) The rules of this chapter shall not apply to the following matters:

     (i)   preliminary objections (Rule 1028),

     (ii)   motions for judgment on the pleadings (Rule 1034) and for summary judgment (Rule 1035.1 et seq.),

     (iii)   requests for special relief, including preliminary injunctions,

     (iv)   motions relating to the conduct of the trial, including motions for nonsuit pursuant to Rule 218, motions relating to jury selection, motions to exclude expert testimony pursuant to Rule 207.1, motions in limine, and motions made during the course of the trial,

     (v)   motions for post-trial relief (Rule 227.1),

     (vi)   motions for delay damages (Rule 238),

     (vii)   petitions (Rule 206.1), and

     (viii)   petitions for relief from a judgment by confession (Rule 2959).

   (2)  The rules of this chapter shall not apply to motions arising in the following actions or proceedings:

     (i)   asbestos litigation and cases otherwise designated by the court for special management (Rules 1041.1 and 1041.2),

     (ii)   actions in replevin (Rule 1071 et seq.),

     (iii)   class actions (Rule 1701 et seq.),

     (iv)   family law actions (Rules 1901 through 1940.9), and

     (v)   proceedings in Orphans’ Court.

 (c)  The rules of this chapter shall not modify the provisions of any other general rule governing a particular motion.

 (a)  A motion shall

   (1)  contain a caption setting forth the name of the court, the number of the action, the name of the motion, and the name of the moving party,

   (2)  be divided into paragraphs numbered consecutively,

   (3)  set forth material facts constituting grounds for the relief sought, specify the relief sought and include a proposed order,

   (4)  include a certificate of service which sets forth the manner of service including the name of an attorney of record for each party that is represented by counsel, the party whom the attorney represents, a ‘‘pro se’’ designation for each party that is unrepresented, and the address at which service was made, and

   (5)  be signed and endorsed.

   Official Note

   Motions are subject to Rule 440 governing service of legal papers other than original process, Rule 1023.1 governing the signing of documents, and Rule 1025 governing the endorsement of legal papers. Any requirements of a court relating to the format of a motion and cover sheet must be set forth in local rules numbered Local Rule 205.2(a) and Local Rule 205.2(b).

 (b)  A motion need not be verified unless verification is required by general rule governing the particular motion or by order of court.

   Official Note

   Rule 239.3(a) authorizes a court to require that a motion include a brief statement of the applicable authority. Rule 239.3(a) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(c), stating the requirement.

   Rule 239.3(b) also authorizes each court to provide a certification requirement for a motion as uncontested. Rule 239.3(b) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(d), stating the requirement.

   Similarly, Rule 239.3(c) authorizes each court of common pleas to require the moving party in any motion relating to discovery to certify that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. Rule 239.3(c) requires each court which has imposed this requirement to promulgate a local rule, numbered Local Rule 208.2(e), stating the requirement.

   Any local rule which has been promulgated must be published on the Pennsylvania Judiciary’s Web Application Portal (http://ujsportal.pacourts.us).

 (a)  Except as otherwise provided by subdivision (b), the court shall initially consider a motion without written responses or briefs. For a motion governed by this subdivision, the court may not enter an order that grants relief to the moving party unless the motion is presented as uncontested or the other parties to the proceeding are given an opportunity for an argument.

   Official Note

   Rule 208.3(a) does not prevent a court from denying the moving party’s request for relief without the opportunity for an argument where the motion is procedurally defective, is untimely filed or fails to set forth adequate grounds for relief.

   Parties may choose to submit responses and briefs at the time of the presentation, provided that copies have been served on every other party. However, parties are not required to do so.

   Rule 239.3(d) requires every court to promulgate Local Rule 208.3(a) describing the local court procedure governing motions under this rule. Local Rule 208.3(a) shall be published on the Pennsylvania Judiciary’s Web Application Portal (http://ujsportal.pacourts.us).

 (b)  A court, by local rule, numbered Local Rule 208.3(b), may impose requirements with respect to motions listed in the rule for the filing of a response, a brief or both. Where a response is required, any party opposing a motion governed by Local Rule 208.3(b) shall file the response within twenty days after service of the motion, unless the time for filing the response is modified by court order or enlarged by local rule.

   Official Note

   Motions are governed by the procedure in subdivision (a) unless the court by local rule designates particular types of motions to be governed by the procedure in subdivision (b).

   The twenty-day response period may be extended or reduced by special order of court. A local rule may only extend the time period.

   A response shall be filed by any party opposing a motion governed by subdivision (b) even if there are no contested issues of fact because the response is the opposing party’s method of indicating its opposition.

   Rule 208.3(b) authorizes each court of common pleas to impose requirements of responses and briefs with respect to designated motions. Rule 239.3(e) requires each court which has imposed such requirements to promulgate a local rule, numbered Local Rule 208.3(b), listing the motions and the requirements.

   Rule 239.3(e) also provides that Local Rule 208.3(b) must describe the local court procedure governing motions under subdivision (b) and may allow the court to treat the motion as uncontested if a response is not filed.

   Any local rule promulgated must be published on the Pennsylvania Judiciary’s Web Application Portal (http://ujsportal.pacourts.us).

 (a)  At the initial consideration of a motion, the court may enter an order that

   (1)  disposes of the motion, or

   (2)  sets forth the procedures the court will use for deciding the motion which may include one or more of the following:

     (i)   the filing of initial or supplemental responses,

     (ii)   the filing of initial or supplemental briefs,

     (iii)   the filing of affidavits, depositions and the like,

     (iv)   the issuance of a rule to show cause pursuant to subdivision (b) of this rule,

     (v)   the holding of an evidentiary hearing, and

     (vi)   the entry of an order providing for any other procedure for developing the record.

 (b)(1) If the moving party seeks relief based on disputed facts for which a record must be developed, the court, upon its own motion or the request of any party including the moving party, may enter an order in the form set forth in paragraph (2) providing for the issuance of a rule to show cause. The procedure following issuance of the rule to show cause shall be in accordance with Rule 206.7.

   Official Note:

   A court will not necessarily utilize the rule to show cause procedure of subdivision (b) because other methods for developing the record, such as the filing of affidavits, may be the most efficient and appropriate manner for developing a record.

   (2)  The order required by paragraph (1) shall be substantially in the following form:

(Caption)

ORDER

 AND NOW,

   (1)  a rule is issued upon the respondent to show cause why the moving party is not entitled to the relief requested;

   (2)  the respondent shall file an answer to the motion within

   (3)  the motion shall be decided under Pa.R.C.P. No. 206.7;

   (4)  depositions shall be completed within

   (5)  argument shall be held on

   (6)  notice of the entry of this order shall be provided to all parties by the moving party.

 By the Court

   Official Note

   In counties in which an evidentiary hearing is held, the order should be modified by deleting paragraphs (4) and (5) and substituting new paragraph (4) to read as follows:

   (4) an evidentiary hearing on disputed issue of material fact shall be held on

   The court may provide in the order for disposition upon briefs rather than oral argument.

   The court has inherent power to permit forms of discovery other than depositions.

   The court may provide in the order for the filing of briefs.

 Briefs shall be typewritten, printed or otherwise duplicated and endorsed with the name of the case, the court and number and the name, address, and telephone number of the attorney or the party if not represented by an attorney.

   Official Note

   Rule 239.4 authorizes each court of common pleas to impose additional requirements governing the form and content of a brief. Rule 239.4 requires each court which has imposed such requirements to promulgate a local rule, numbered Local Rule 210, listing the requirements. Any local rule which has been promulgated must be published on the Pennsylvania Judiciary’s Web Application Portal (http://ujsportal.pacourts.us).

 Any party or the party’s attorney shall have the right to argue any motion and the court shall have the right to require oral argument. With the approval of the court oral argument may be dispensed with by agreement of the attorneys and the matter submitted to the court either on the papers filed of record, or on such briefs as may be filed by the parties. The person seeking the order applied for shall argue first and may also argue in reply, but such reply shall be limited to answering arguments advanced by the respondent. In matters where there may be more than one respondent, the order of argument by the respondents shall be as directed by the court.

 In any action the court, of its own motion or on motion of any party, may direct the attorneys for the parties to appear for a conference to consider:

 (a)  The simplification of the issues;

 (b)  The necessity or desirability of amendments to the pleadings;

 (c)  The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

 (d)  The limitation of the number of expert witnesses;

 (e)  The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;

 (f)  Such other matters as may aid in the disposition of the action.

 The court may make an order reciting the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order when entered shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice.

 The court may establish by rule a pre-trial list on which actions may be placed for consideration as above provided, and may either confine the list to jury actions or to non-jury actions, or extend it to all actions.

   Official Note

 (a)  In a civil action in which the damages sought exceed the jurisdictional limit for compulsory arbitration and which is to be tried by a jury, notice shall be given by the court of the earliest date on which the case may be tried. The notice should be given at least thirty days before the plaintiff’s pre-trial statement is due to be filed. The notice may include a date by which discovery shall be completed.

   Official Note

   It is not intended by this rule to change the form and manner of notice of trial.

 (b)  A pre-trial statement shall be filed.

   (1)  by the plaintiff not later than sixty days prior to the earliest trial date,

   (2)  by the defendant not later than thirty days prior to the earliest trial date, and

   (3)  by an additional defendant not later than fifteen days prior to the earliest trial date.

   Official Note

   A copy of the pre-trial statement must be served upon every other party to the action. See Rule 440(a).

 (c) (1)  The times set forth in subdivision (b) may be made earlier by published local rule or by special order or as set forth in a trial list published in the county law journal or otherwise made available to the parties.

   (2)  The times set forth in subdivision (b) may be made later by published local rule or by special order in a particular case.

   Official Note

   In a county which requires that discovery be completed and expert reports be exchanged prior to listing a case for trial, the court by local rule may provide for the simultaneous filing of pre-trial statements.

 The court by local rule may extend Rules 212.1 and 212.2 to apply to actions to be tried non-jury as well as by jury and to other forms of action in addition to civil actions.

 (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;

   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.

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

   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.

   (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;

   Official Note

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

   (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.

 (a)  In any action the court, of its own motion or on motion of any party, may direct the attorneys for the parties to appear for a conference to consider:

   (1)  The simplification of the issues;

   (2)  The necessity or desirability of amendments to the pleadings;

   (3)  The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

   (4)  The limitation of the number of expert witnesses;

   (5)  The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;

   (6)  Such other matters as may aid in the disposition of the action.

 (b)  The court may make an order reciting the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order when entered shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice.

 (c)  The court may establish by rule a pre-trial list on which actions may be placed for consideration as above provided, and may either confine the list to jury actions or to non-jury actions, or extend it to all actions.

 (a)  The name of a valuation expert and his or her statement of valuation required to be served on the opposing party by Section 703(2) of the Eminent Domain Code shall be served within the time provided for the filing of a pre-trial statement by Rule 212.1. A party failing to comply with this rule shall be subject to the sanctions set forth in Rule 212.2(c)

 (b)  Section 703(2) of the Eminent Domain Code, 26 P. S. §  1-703(2), is suspended only insofar as it provides for the name and report of the valuation expert to be served at least ten days before the commencement of the trial.

 (a)  In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court on its own motion or on motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay.

 (b)  The court, in furtherance of convenience or to avoid prejudice, may, on its own motion or on motion of any party, order a separate trial of any cause of action, claim, or counterclaim, set-off, or cross-suit, or of any separate issue, or of any number of causes of action, claims, counter-claims, set-offs, cross-suits, or issues.

 (c)  [Rescinded]

 (d)  [Rescinded]

 (e)  A cause of action for the wrongful death of a decedent and a cause of action for the injuries of the decedant which survives his or her death may be enforced in one action, but if independent actions are commenced they shall be consolidated for trial.

   (1)  If independent actions are commenced or are pending in the same court, the court, on its own motion or the motion of any party, shall order the actions consolidated for trial.

   (2)  If independent actions are commenced in different courts, the court in which the second action was commenced, on its own motion or the motion of any party, shall order the action transferred to the court in which the first action was commenced.

   (3)  If an action is commenced to enforce one cause of action, the court, on its own motion or the motion of any party, may stay the action until an action is commenced to enforce the other cause of action and is consolidated therewith or until the commencement of such second action is barred by the applicable statute of limitation.

 (f)  When an action is commenced in a court which has no jurisdiction over the subject matter of the action it shall not be dismissed if there is another court of appropriate jurisdiction within the Commonwealth in which the action could originally have been brought but the court shall transfer the action at the cost of the plaintiff to the court of appropriate jurisdiction. It shall be the duty of the prothonotary or clerk of the court in which the action is commenced to transfer the record together with a certified copy of the docket entries to the prothonotary or clerk of the court to which the action is transferred.

   Official Note

   Adopted September 8, 1938, effective March 20, 1939; amended and effective June 7, 1940; amended and effective October 1, 1942; amended June 27, 1969 and effective September 1, 1969; amended June 23, 1975, effective immediately, 5 Pa.B. 1819. Subdivisions (c) and (d) have been rendered unnecessary in view of the abolition of the former Municipal Court of Philadelphia and the County Court of Allegheny County by the Constitution of 1968.

   For transfer of actions from counties of improper venue, see Rule 1006(e).

   Prior to 1969, two county courts existed in Pennsylvania. The Municipal Court of Philadelphia was created by the Act of July 12, 1913, P. L. 711, §  1, 17 P. S. §  681, and subsequently renamed the County Court of Philadelphia by the Act of July 17, 1961, P. L. 781, §  1, 17 P. S. §  705. The County Court of Allegheny County was created by the Act of May 5, 1911, P. L. 198, §  1, 17 P. S. §  621. Both of these courts were abolished by the Constitution of 1968.

   Business of the Court Rules 213(c) and (d) refer to transfers between county courts and common pleas courts. Joinder of Parties Rule 2231(b) is predicated on the jurisdiction of the county courts. These sub-divisions are obsolete.

   Trespass Rule 1044(c) refers to county courts. This reference is also obsolete.

   Rules 213(c) and (d) and 2231(b) have been rescinded and the reference to a county court in Rule 1044(c) has been deleted. Appropriate notes have been added to each Rule.

 (a)  In actions pending in different counties which involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which a complaint was first filed to order coordination of the actions. Any party may file an answer to the motion and the court may hold a hearing.

 (b)  The court in which the complaint was first filed may stay the proceedings in any action which is the subject of the motion.

 (c)  In determining whether to order coordination and which location is appropriate for the coordinated proceedings, the court shall consider, among other matters:

   (1)  whether the common question of fact or law is predominating and significant to the litigation;

   (2)  the convenience of the parties, witnesses and counsel;

   (3)  whether coordination will result in unreasonable delay or expense to a party or otherwise prejudice a party in an action which would be subject to coordination;

   (4)  the efficient utilization of judicial facilities and personnel and the just and efficient conduct of the actions;

   (5)  the disadvantages of duplicative and inconsistent rulings, orders or judgments;

   (6)  the likelihood of settlement of the actions without further litigation should coordination be denied.

 (d)  If the court orders that actions shall be coordinated, it may

   (1)  stay any or all of the proceedings in any action subject to the order, or

   (2)  transfer any or all further proceedings in the actions to the court or courts in which any of the action is pending, or

   (3)  make any other appropriate order.

 (e)  In the order of coordination, the court shall include the manner of giving notice of the order to all parties in all actions subject thereto and direct that specified parties pay the costs, if any, of coordination. The court shall also order that a certified copy of the order of coordination be sent to the courts in which the actions subject to the order are pending, whereupon whose courts shall take such action as may be appropriate to carry out the coordination order.

 (f)  The final order disposing of a coordinated action or proceeding shall be certified and sent to the court in which the action was originally commenced to be filed of record.

 Preference shall be given in the preparation of trial lists to

   (1)  cases in which a new trial has been granted, and

   (2)  such cases as the court upon application and cause shown may designate.

   Official Note

 (A)  The following are grounds for continuance:

   (1)  Agreement of all parties or their attorneys, if approved by the Court;

   (2)  Illness of counsel of record, a material witness, or a party. If requested a certificate of a physician shall be furnished, stating that such illness will probably be of sufficient duration to prevent the ill person from participating in the trial;

   (3)  Inability to subpoena or to take testimony by deposition, commission, or letters rogatory, of any material witness, shown by affidavit which shall state:

     (a)   The facts to which the witness would testify if present or if deposed;

     (b)   The grounds for believing that the absent witness would so testify;

     (c)   The efforts made to procure the attendance or deposition of such absent witness; and

     (d)   The reasons for believing that the witness will attend the trial at a subsequent date, or that the deposition of the witness can and will be obtained.

   (4)  Such special ground as may be allowed in the discretion of the court;

   (5)  The scheduling of counsel to appear at any proceeding under the Pennsylvania Rules of Disciplinary Enforcement, whether:

     (a)   as counsel for a respondent-attorney before a hearing committee, special master, the Disciplinary Board or the Supreme Court;

     (b)   as a special master or member of a hearing committee; or

     (c)   as a member of the Disciplinary Board;

   (6)  The scheduling of counsel to appear at any proceeding involving the discipline of a justice, judge or magisterial district judge under Section 18 of Article V of the Constitution of Pennsylvania, whether:

     (a)   as counsel for a justice, judge, or magisterial district judge before the special tribunal provided for in 42 Pa.C.S. §  727, the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board; or

     (b)   as a member of the Court of Judicial Discipline, the Judicial Conduct Board or any hearing committee or other arm of the Judicial Conduct Board.

 (B)  Except for cause shown in special cases, no reason above enumerated for the continuance of a case shall be of effect beyond one application made in behalf of one party or group of parties having similar interests.

 (C)  No application for a continuance shall be granted if based on a cause existing and known at the time of publication or prior call of the trial list unless the same is presented to the court at a time fixed by the court, which shall be at least one week before the first day of the trial period. Applications for continuances shall be made to the court, or filed in writing with the officer in charge of the trial list, after giving notice of such application by mail, or otherwise, to all parties or their attorneys. Each court may, by local rule, designate the time of publication of the trial list for the purposes of this rule.

 (D)  No continuance shall be granted due to the absence from court of a witness duly subpoenaed, unless:

   (1)  Such witness will be absent because of facts arising subsequent to the service of the subpoena and which would be a proper ground for continuance under the provisions of Rule 216(A); or

   (2)  On the day when the presence of such witness is required a prompt application is made for the attachment of such absent witness; or

   (3)  The witness, having attended at court has departed without leave, and an application for attachment is made promptly after the discovery of the absence of such witness; or the court is satisfied that the witness has left court for reasons which would be a proper ground for continuance under Rule 216(A).

 (E)  Each Court may adopt local rules providing for the temporary passing of cases or governing applications for continuance because of the absence of a witness, not a party, who has not been served with a subpoena.

 (F)  Rule 216(B)—(E) and Rule 217 shall not be applicable to a continuance granted for any of the reasons set forth in Rule 216(A)(5) or (6).

 When a continuance is granted upon application made subsequent to the preliminary call of the trial list, the court may impose on the party making the application the reasonable costs actually incurred by the opposing party which would not have been incurred if the application had been made at or prior to such preliminary call.

 Where a continuance has been so granted and costs imposed, the party upon whom such costs have been imposed, may not, so long as such costs remain unpaid, take any further step in such suit without prior leave of court.

 A party upon whom such costs are so imposed and who was at fault in delaying the application for continuance may not recover such costs, if ultimately successful in the action; otherwise such costs shall follow the judgment in the action.

 (a)  Where a case is called for trial, if without satisfactory excuse a plaintiff is not ready the court may enter a nonsuit on motion of the defendant or a non pros on the court’s own motion.

 (b)  If without satisfactory excuse a defendant is not ready, the plaintiff may

   (1)  proceed to trial, or,

   (2)  if the case called for trial is an appeal from compulsory arbitration, either proceed to trial or request the court to dismiss the appeal and reinstate the arbitration award.

   Official Note

   See Rule 1007.1(c)(2) for withdrawal of demand for trial by jury when a party who has filed a demand therefor fails to appear or is not ready.

 (c) A party who fails to appear for trial shall be deemed to be not ready without satisfactory excuse.

   Official Note

   The mere failure to appear for trial is a ground for the entry of a nonsuit or a judgment of nonpros or the reinstatement of a compulsory arbitration award.

   A nonsuit is subject to the filing of a motion under Rule 227.1(a)(3) for post-trial relief to remove the nonsuit and a judgment of non pros is subject to the filing of a petition under Rule 3051 for relief from a judgment of non pros.

   A decision of the court following a trial at which the defendant failed to appear is subject to the filing of a motion for post-trial relief which may include a request for a new trial on the ground of a satisfactory excuse for the defendant’s failure to appear.

 A party desiring to have the jury view any premises involved in the litigation, may make application thereof either prior to the call of the case for trial, or at the bar during the actual trial of the case. In all such cases, the allowance of the application shall be within the discretion of the court, which may impose upon the applicant such reasonable costs or expenses as may be involved in connection with such view, or may direct that any costs thereby incurred shall follow the judgment entered in such action as in other cases.

 Every challenge to the array of jurors returned for trial of issues of fact shall be made in writing filed on or before the first day of the period at which such issues have been set down for trial.

 (a)  Voir dire shall be conducted to provide the opportunity to obtain at a minimum a full description of the following information, where relevant, concerning the prospective jurors and their households:

   (1)  Name;

   (2)  Date and place of birth;

   (3)  Residential neighborhood and zip code (not street address);

   (4)  Marital status;

   (5)  Nature and extent of education;

   (6)  Number and ages of children;

   (7)  Name, age and relationship of members of prospective juror’s household;

   (8)  Occupation and employment history of the prospective juror, the juror’s spouse and children and members of the juror’s household;

   (9)  Involvement as a party or a witness in a civil lawsuit or a criminal case;

   (10)  Relationship, friendship or association with a law enforcement officer, a lawyer or any person affiliated with the courts of any judicial district;

   (11)  Relationship of the prospective juror or any member of the prospective juror’s immediate family to the insurance industry, including employee, claims adjustor, investigator, agent, or stockholder in an insurance company;

   (12)  Motor vehicle operation and licensure;

   (13)  Physical or mental condition affecting ability to serve on a jury;

   (14)  Reasons the prospective juror believes he or she cannot or should not serve as a juror;

   (15)  Relationship, friendship or association with the parties, the attorneys and prospective witnesses of the particular case to be heard;

   (16)  Such other pertinent information as may be appropriate to the particular case to achieve a competent, fair and impartial jury.

   Official Note

   For example, under presently prevailing law as established by the Superior Court, voir dire should have been allowed with respect to the effect of pre-trial publicity on prospective jurors’ ‘‘attitudes regarding medical malpractice and tort reform.’’ Capoferri v. Children’s Hosp. of Phila., 893 A.2d 133 (Pa. Super. 2006) (en banc).

 (b)  The court may provide for voir dire to include the use of a written questionnaire. However, the use of a written questionnaire without the opportunity for oral examination by the court or counsel is not a sufficient voir dire.

   Official Note

   The parties or their attorneys may conduct the examination of the prospective jurors unless the court itself conducts the examination or otherwise directs that the examination be conducted by a court employee. Any dispute shall be resolved by the court.

   A written questionnaire may be used to facilitate and expedite the voir dire examination by providing the trial judge and attorneys with basic background information about the jurors, thereby eliminating the need for many commonly asked questions.

 (c)  The court may permit all or part of the examination of a juror out of the presence of other jurors.

 Each party shall be entitled to four peremptory challenges, which shall be exercised in turn beginning with the plaintiff and following in the order in which the party was named or became a party to the action. In order to achieve a fair distribution of challenges, the court in any case may

   (a)  allow additional peremptory challenges and allocate them among the parties;

   (b)  where there is more than one plaintiff or more than one defendant or more than one additional defendant, consider any one or more of such groups as a single party.

 Where any attorney acting as trial counsel in the trial of an action is called as a witness on behalf of a party whom the attorney represents, the court may determine whether such attorney may thereafter continue to act as trial counsel during the remainder of the trial.

 Subject to the requirements of due process of law and of the constitutional rights of the parties, the court may make and enforce rules and orders covering any of the following matters, inter alia:

   (1)  Limiting the number of witnesses whose testimony is similar or cumulative;

   (2)  Limiting the number of attorneys representing the same party or the same group of parties, who may actively participate in the trial of the case or may examine or cross-examine a witness or witnesses;

   (3)  Regulating the number and length of addresses to the jury or to the court;

   (4)  Regulating or excluding the public or persons not interested in the proceedings whenever the court deems such regulation or exclusion to be in the interest of the public good, order or morals.

   Official Note

   Trial courts in Pennsylvania customarily exercise discretion as to the exclusion of persons from the courtroom in the interest of good order and morals.

   The exclusion of taking of photographs or radio or television broadcasting is governed by Canon 3A(7) of the Code of Judicial Conduct.

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

   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.

 (b)  The court may permit jurors to view a premises or a thing in or on a premises.

   Official Note

   See Rule 219 governing view of premises.

 (c)  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, and

   Official Note

   The court is not limited to charging the jury after the closing argument by the attorneys,

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

 (a)(1) Whenever a jury trial is expected to last for more than two days, jurors, except as otherwise provided by subdivision (a)(2), may take notes during the proceedings and use their notes during deliberations.

   Official Note

   The court in its discretion may permit jurors to take notes when the jury trial is not expected to last for more than two days.

   (2)  Jurors are not permitted to take notes when the judge is instructing the jury as to the law that will govern the case.

 (b)  The court shall give an appropriate cautionary instruction to the jury prior to the commencement of the testimony before the jurors. The instruction shall include:

   (1)  Jurors are not required to take notes and those who take notes are not required to take extensive notes,

   (2)  Note taking should not divert jurors from paying full attention to the evidence and evaluating witness credibility,

   (3)  Notes are merely memory aids and are not evidence or the official record,

   (4)  Jurors who take few or no notes should not permit their independent recollection of the evidence to be influenced by the fact that other jurors have taken notes,

   (5)  Notes are confidential and will not be reviewed by the court or anyone else,

   (6)  A juror may not show his or her notes or disclose their contents to other jurors until deliberations begin, but may show the notes or disclose the contents during deliberations,

   (7)  Jurors shall not take their notes out of the courtroom except to use their notes during deliberations, and

   (8)  All juror notes will be collected after the trial is over and immediately destroyed.

   Official Note

   It is recommended that the trial judge instruct the jurors along the following lines:

   We will distribute notepads and pens to each of you in the event you wish to take notes during the trial. You are under no obligation to take notes and those who take notes are not required to take extensive notes

   Remember that one of your responsibilities as a juror is to observe the demeanor of witnesses to help you assess their credibility. If you do take notes, do not become so involved with note taking that it interferes with your ability to observe a witness or distracts you from hearing other answers being given by the witness.

   Your notes may help you refresh your recollection of the testimony and should be treated as a supplement to, rather than a substitute for, your memory. Your notes are only to be used by you as memory aids and are not evidence or the official record.

   Those of you who do not take notes should not permit your independent recollection of the evidence to be influenced by the fact that other jurors have taken notes. It is just as easy to write something down incorrectly as it is to remember it incorrectly and your fellow jurors’ notes are entitled to no greater weight than each juror’s independent memory. Although you may refer to your notes during deliberations, give no more or no less weight to the view of a fellow juror just because that juror did or did not take notes.

   Each time that we adjourn, your notes will be collected and secured by court staff. Jurors shall not take their notes out of the courtroom except to use their notes during deliberations.

   A juror may not show his or her notes or disclose their contents to other jurors until deliberations begin, but may show the notes or disclose their contents during deliberations. The only notes you may use during the deliberations are the notes you write in the courtroom during the proceedings on the materials distributed by the court staff.

   Your notes are completely confidential and will not be reviewed by the court or anyone else. After the trial is over, your notes will be collected by court personnel and immediately destroyed.

 (c)  The court shall

   (1)  provide materials suitable for note taking,

   Official Note

   The materials provided by the court are the only materials that jurors may use for note taking.

   (2)  safeguard all juror notes at each recess and at the end of each trial day, and

   (3)  collect all juror notes as soon as the jury is dismissed and, without inspection, immediately destroy them.

 (d)(1) Neither the court nor counsel may (i) request or suggest that jurors take notes, (ii) comment on their note taking, or (iii) attempt to read any notes.

   (2)  Juror notes may not be used by any party to the litigation as a basis for a request for a new trial.

   Official Note

   A court shall immediately deny a litigant’s request that juror notes be placed under seal until they are reviewed in connection with a request for a new trial on any ground, including juror misconduct. The notes shall be destroyed without inspection as soon as the jury is dismissed.

 In any action for bodily injury or death in which a plaintiff has raised a claim for a damage award for noneconomic loss that is viable under applicable substantive law, the court shall give the following instructions to the jury.

 The plaintiff has made a claim for a damage award for past and for future noneconomic loss. There are four items that make up a damage award for noneconomic loss, both past and future: (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfigurement.

  The first item to be considered in the plaintiff’s claims for damage awards for past noneconomic loss and for future noneconomic loss is pain and suffering. You are instructed that plaintiff is entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress that you find (he) (she) has endured from the time of the injury until today and that plaintiff is also entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress you find (he) (she) will endure in the future as a result of (his) (her) injuries.

  The second item that goes to make up noneconomic loss is embarrassment and humiliation. Plaintiff is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe (he) (she) has endured and will continue to endure in the future as a result of (his) (her) injuries.

  The third item is loss of enjoyment of life. Plaintiff is entitled to be fairly and adequately compensated for the loss of (his) (her) ability to enjoy any of the pleasures of life as a result of the injuries from the time of the injuries until today and to be fairly and adequately compensated for the loss of (his) (her) ability to enjoy any of the pleasures of life in the future as a result of (his) (her) injuries.

  The fourth and final item is disfigurement. The disfigurement that plaintiff has sustained is a separate item of damages recognized by the law. Therefore, in addition to any sums you award for pain and suffering, for embarrassment and humiliation, and for loss of enjoyment of life, the plaintiff is entitled to be fairly and adequately compensated for the disfigurement (he) (she) has suffered from the time of the injury to the present and that (he) (she) will continue to suffer during the future duration of (his) (her) life.

  In considering plaintiff’s claims for damage awards for past and future noneconomic loss, you will consider the following factors: (1) the age of the plaintiff; (2) the severity of the injuries; (3) whether the injuries are temporary or permanent; (4) the extent to which the injuries affect the ability of the plaintiff to perform basic activities of daily living and other activities in which the plaintiff previously engaged; (5) the duration and nature of medical treatment; (6) the duration and extent of the physical pain and mental anguish which the plaintiff has experienced in the past and will experience in the future; (7) the health and physical condition of the plaintiff prior to the injuries; and (8) in case of disfigurement, the nature of the disfigurement and the consequences for the plaintiff.

   Official Note

   These instructions may be modified by agreement of the parties or by the court, based on circumstances of the case.

 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.

 Attorneys for each party or group of parties may make an opening address to the jury and may also make an address to the jury after the close of the testimony.

   The provisions of this Rule 225 adopted September 8, 1938, effective March 20, 1939.

 (a)  Points upon which the trial judge is requested to charge the jury shall be so framed that each may be completely answered by a simple affirmation or negation. Attorneys shall hand copies of requested points for charge to the trial judge and to the opposing attorneys before the closing addresses to the jury are begun. A requested point for charge that was presented to the trial judge becomes part of the record when the point is read into the record, or filed in the office of the prothonotary prior to filing a motion for post-trial relief regarding the requested point for charge.

   Official Note

   An appellate court will not review an objection to a ruling of a trial court regarding a point for charge unless the point for charge was (1) presented to the court and (2) made a part of the record by either reading the point into the record or filing it in the office of the prothonotary prior to filing a motion for post-trial relief.

 (b)  At the close of all the evidence, the trial judge may direct a verdict upon the oral or written motion of any party.

 (a)  It shall not be necessary on the trial of any action or proceeding to take exception to any ruling of the trial judge. An exception in favor of the party against whom the adverse ruling was made shall be deemed to have been taken with the same force and effect as if it had been requested, noted by the official stenographer and thereafter written out, signed and sealed by the trial judge.

 (b)  Unless specially allowed by the court, all exceptions to the charge to the jury shall be taken before the jury retires. On request of any party all such exceptions and arguments thereon shall be made out of hearing of the jury.

 (a)  After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may

   (1)  order a new trial as to all or any of the issues; or

   (2)  direct the entry of judgment in favor of any party; or

   (3)  remove a nonsuit; or

   (4)  affirm, modify or change the decision; or

   (5)  enter any other appropriate order.

   Official Note

   The motion for post-trial relief replaces the following motions and exceptions: motion for new trial, motion for judgment notwithstanding the verdict, motion upon the whole record after disagreement of a jury, motion in arrest of judgment, motion to remove a nonsuit and exceptions following the decision of the judge in a trial without jury.

   The following rules provide for the filing of exceptions, e.g., Equity Rule 1530 (exceptions to an auditor’s report), Equity Rule 1534 (exceptions to a fiduciary’s account), Partition Rule 1569 (exceptions to a master’s report) and Divorce Rule 1920.55-2 (exceptions to a master’s report), Support Rule 1910.12(e) (exceptions to a hearing officer’s report) and Execution Rule 3136(d) (exceptions to sheriff’s schedule of proposed distribution).

 (b)  Except as otherwise provided by Pa.R.E. 103(a), post-trial relief may not be granted unless the grounds therefor,

   (1)  if then available, were raised in pretrial proceedings or by motion, objection, point for charge, request for findings of fact or conclusions of law, offer of proof or other appropriate method at trial; and

   Official Note

   If no objection is made, error which could have been corrected in pre-trial proceedings or during trial by timely objection may not constitute a ground for post-trial relief.

   Pa.R.E. 103(a) provides that the specific ground for an overruled objection, or the substance of excluded evidence, need not be stated at or prior to trial, or without having made an offer of proof, if the ground of the objection, or the substance of the evidence sought to be introduced, was apparent from the context.

   (2) are specified in the motion. The motion shall state how the grounds were asserted in pretrial proceedings or at trial. Grounds not specified are deemed waived unless leave is granted upon cause shown to specify additional grounds.

 (c)  Post-trial motions shall be filed within ten days after

   (1)  verdict, discharge of the jury because of inability to agree, or nonsuit in the case of a jury trial; or

   (2)  notice of nonsuit or the filing of the decision in the case of a trial without jury.

   If a party has filed a timely post-trial motion, any other party may file a post-trial motion within ten days after the filing of the first post-trial motion.

   Official Note

   A motion for post-trial relief may be filed following a trial by jury or a trial by a judge without a jury pursuant to Rule 1038. A motion for post-trial relief may not be filed to orders disposing of preliminary objections, motions for judgment on the pleadings or for summary judgment, motions relating to discovery or other proceedings which do not constitute a trial. See U. S. National Bank in Johnstown v. Johnson, 506 Pa. 622, 487 A.2d 809 (1985).

   A motion for post-trial relief may not be filed to matters governed exclusively by the rules of petition practice.

   The filing of a motion for post-trial relief is prohibited by the following rules: Rule 1557 (order directing partition), Rules 1910.11(k) and 1910.12(g) (orders of support), Rule 1915.10(b) (order of custody, partial custody or visitation), and Rule 1920.55(c) (final decree of divorce based upon a master’s report).

 (d) A motion for post-trial relief shall specify the relief requested and may request relief in the alternative. Separate reasons shall be set forth for each type of relief sought.

 (e)  If a new trial and the entry of judgment are sought in the alternative, the court shall dispose of both requests. If the court directs the entry of judgment, it shall also rule on the request for a new trial by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the request for a new trial.

 (f)  The party filing a post-trial motion shall serve a copy promptly upon every other party to the action and deliver a copy to the trial judge.

 (g)  A motion for post-trial relief may not be filed in an appeal from the final adjudication or determination of a local agency or a Commonwealth agency as to which jurisdiction is vested in the courts of common pleas.

   Official Note

   See 2 Pa.C.S. §  101 for the definition of ‘‘local agency.’’

   See section 933(a)(1) of the Judicial Code, 42 Pa.C.S. §  933(a)(1), which provides for jurisdiction of appeals from determinations of particular Commonwealth agencies to be in the courts of common pleas.

 (h)  A motion for post-trial relief shall be filed following a trial upon an appeal from the decision of viewers pursuant to the Eminent Domain Code.

   Official Note

   Subdivision (h) eliminates any distinction with respect to the filing of a motion for post-trial relief between jury and non-jury trials following an appeal from the decision of viewers in eminent domain proceedings.

   The provisions of this Rule 227.1 adopted April 21, 1977, effective July 30, 1977, 7 Pa.B. 1169; amended through April 23, 1985, effective July 1, 1985, 15 Pa.B. 1726; amended December 19, 1989, effective January 1, 1990, 20 Pa.B. 176; amended July 28, 1995, effective January 1, 1996, 25 Pa.B. 3337; amended December 5, 1996, effective immediately, 26 Pa.B. 6068; amended December 16, 2003,