Adopted September 8, 1938 · Last amended April 18, 1975 · Last verified June 30, 2026
In one sentenceRule 228 provides that when testimony is taken during trial about a juror’s alleged misconduct or tampering, that testimony becomes part of the record, is taken out of the jury’s hearing, and jurors may be questioned about the alleged misconduct or tampering.
Full Text of Rule 228
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Whenever in the course of a trial testimony is taken of a juror or other person as to alleged misconduct of a juror, or as to tampering with or an attempt to tam-per with a juror, such testimony shall become a part of the record of the case. Such testimony shall be taken out of the hearing of the jury. Jurors may be interrogated in regard to such alleged misconduct or attempted tampering.
End
Plain-English Summary
This rule handles allegations of juror misconduct that surface during trial. When testimony is taken about a juror’s alleged misconduct, or about tampering or attempted tampering with a juror, that testimony becomes part of the record of the case.
The inquiry is shielded from the jury. The testimony is taken out of the jury’s hearing, and jurors may be interrogated about the alleged misconduct or attempted tampering.
Frequently Asked Questions
What happens if there is juror misconduct during trial?
Testimony about the alleged misconduct or tampering is taken out of the jury’s hearing and becomes part of the record, and jurors may be questioned about it.
Amendment History
The provisions of this Rule 228 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.
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