Rule 1058.Trial Without Jury.

Adopted June 27, 1969 · Last amended December 16, 1983 · Last verified June 30, 2026

In one sentenceWhen an ejectment action is tried by a judge without a jury, the trial follows the general non-jury trial rule.

Full Text of Rule 1058

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The trial of actions in ejectment by a judge sitting without a jury shall be in accordance with Rule 1038.

End

Plain-English Summary

This rule fixes the procedure for a bench trial in ejectment. An ejectment case tried by a judge sitting without a jury proceeds under the general rule for trials without a jury, which governs how the judge takes evidence, makes findings, and enters a decision.

Borrowing that rule keeps non-jury ejectment trials in step with non-jury practice generally, so the parties face the same procedure and the same post-trial steps they would in any bench-tried civil case.

Frequently Asked Questions

How is a non-jury ejectment case tried?

Under Rule 1038, the general procedure for a trial by a judge sitting without a jury.

Official Note

Official Note: Added June 27, 1969, effective September 1, 1969. The Civil Procedural Rules Committee, by communication dated Aug. 27, 1969, announced that amendment of this rule effective Sept. 1, 1969 applied to pending actions.

Amendment History

The provisions of this Rule 1058 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial pages (40044) and (40045).

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: ejectment non-jury trialbench trial ejectmenttrial without jury