Adopted June 27, 1969 · Last amended December 16, 2003 · Last verified June 30, 2026
In one sentenceRule 1038 governs trial without a jury, providing that a non-jury trial is conducted as nearly as possible like a jury trial, that the judge’s decision consists of general findings disposing of all claims, and that the decision may be made orally and then transcribed and filed.
(a)Except as otherwise provided in this rule, the trial of an action by a judge sitting without a jury shall be conducted as nearly as may be as a trial by jury is conducted and the parties shall have like rights and privileges, including the right to move for nonsuit.
(b)The decision of the trial judge may consist only of general findings as to all parties but shall dispose of all claims for relief. The trial judge may include as part of the decision specific findings of fact and conclusions of law with appropriate discussion.
(c)The decision may be made orally in open court at the end of the trial, and in that event shall be forthwith transcribed and filed in the office of the prothonotary, or it may be made thereafter in writing and filed forthwith. In either event the prothonotary shall notify all parties or their attorneys of the date of filing. The trial judge shall render a decision within seven days after the conclusion of the trial except in protracted cases or cases of extraordinary complexity.
End
Plain-English Summary
This rule sets how a bench trial runs. A trial by a judge sitting without a jury is conducted as nearly as may be as a jury trial would be.
The decision is streamlined. It may consist only of general findings as to all parties but must dispose of all claims for relief, and the judge may include findings of fact and conclusions of law. The decision may be made orally in open court at the end of trial, in which case it is promptly transcribed and filed with the prothonotary.
Frequently Asked Questions
How does a non-jury trial work in Pennsylvania?
It is conducted much like a jury trial, and the judge’s decision — which may be general findings that dispose of all claims — may be announced orally and then transcribed and filed, or filed in writing.
Official Note
Official Note: A decision includes what were formerly known as a decree nisi and an adjudication. A decision is not a final decree, also known as a judgment. For post-trial relief following a trial without jury, see Rule 227.1. For entry of judgment upon praecipe of a party, see Rule 227.4
Amendment History
The provisions of this Rule 1038 adopted June 27, 1969, effective September 1, 1969; amended through December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999; amended April 12, 1999, effective July 12, 1999, 29 Pa.B. 2266; amended December 16, 2003, effective July 1, 2004, 34 Pa.B. 9. Immediately preceding text appears at serial pages (296717) and (295847).
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:trial without jurybench trialnon-jury trialdecision of the court