Pennsylvania Mock Trial Rules

Northeast

PA · Capital: Harrisburg

Evidence Rules

Pennsylvania Rules of Evidence

Citation: Pa.R.E. [rule number]

Key Differences from Federal Rules of Evidence

Pa.R.E. 702 applies a Frye standard for novel scientific evidence, not the federal Daubert standard
Pennsylvania Rule 803(25) provides a broader residual hearsay exception that differs procedurally from FRE 807
Pa.R.E. 404(b)(2) requires pretrial notice and a specific finding of probative value exceeding prejudice before admitting other acts evidence
Dead Man Rule under 42 Pa.C.S. § 5930 bars interested party testimony about decedent communications, similar to but distinct from NY

Notable Rules

Rule	Description
Pa.R.E. 702	Expert testimony governed by Frye general acceptance standard, requiring methodology to be generally accepted in the relevant scientific community
Pa.R.E. 803(25)	Residual hearsay exception allowing admission of reliable hearsay not covered by enumerated exceptions
42 Pa.C.S. § 5930	Dead Man statute barring testimony by interested parties regarding communications with deceased persons in civil proceedings

Trial Procedure

Civil Procedure

Pennsylvania Rules of Civil Procedure (Pa.R.C.P.)

Criminal Procedure

Pennsylvania Rules of Criminal Procedure (Pa.R.Crim.P.)

Key Features

Pennsylvania uses a case management track system (Fast, Standard, Complex) assigning timelines based on case complexity
Compulsory arbitration is required for civil cases under certain dollar thresholds varying by county
Pennsylvania allows for coordination of mass tort litigation through its Complex Litigation Center in Philadelphia

Jury Rules

Civil Jury Size

Criminal Jury Size

Unanimity Required

Civil juries reduced from 12 to 8 members effective January 2019 under amended Pa.R.C.P. 221
Criminal juries of 12 require unanimous verdicts for all grades of offenses
Civil verdicts require five-sixths concurrence (7 of 8 jurors must agree)

Special Features

8-Person Civil Jury

Pennsylvania reduced civil jury size from 12 to 8 in 2019, making it one of few states with an 8-person civil jury standard

Frye Standard Retention

Pennsylvania continues to apply the Frye general acceptance standard for scientific evidence, explicitly rejecting Daubert in Grady v. Frito-Lay (2014)

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