in-re-order-adopting-new-rules-2201-and-2202-renumbering-and-amending ( 2015 )

Explanatory Comment
The Supreme Court of Pennsylvania has adopted new Rules 220.1 and 220.2
and the amendment of current Rules 220.1 and 223.1. The changes are intended to
provide guidance to the bench and bar regarding the use of electronic devices by jurors
in civil cases.
The new rules and amendments provide for jurors to be instructed that the use of
electronic devices is restricted during their tenure as a prospective juror, i.e. a member
of the jury pool, and as a selected juror. The new provisions require the trial court to
instruct jurors that they may not conduct independent research on the Internet about the
case, communicate about the case electronically, e.g. “tweet” or “blog,” or use such
devices during juror service. A trial court is required to instruct jurors at the earliest
opportunity of interaction between the juror and the trial court, and then repeat those
instructions as often as practicable. The new rules and amendments provide for
sanctions against any person who violates the provisions of these rules. It should also
be noted that a note to new Rule 220.1 cross-references Section 1.180 of the
Pennsylvania Suggested Civil Jury Instructions, Pa. SSJI (Civ), §1.180. These
instructions specifically address the use of electronic devices by jurors.
While the proposal focuses on the use of electronic devices by jurors, it remains
silent as to their use in the courtroom by the public and media. Rule of Judicial
Administration 1910 outlines the responsibility of a trial court regarding the
broadcasting, televising, or taking of photographs in the courtroom in civil proceedings.
By the Civil Procedural
Rules Committee
Peter J. Hoffman
Chair