Rule 1038.4 CC - Summary Jury Trials(a) Individual parties shall attend the summary jury trial. An officer or other responsible lay representative of a corporate party or claims adjuster for a carrier shall attend the trial.(b) The summary jury trials are for settlement purposes only and are non-binding. Nothing done by counsel with reference to the summary jury trial shall be binding on counsel or the parties, or shall constitute a waiver. Summary trials may be binding if agreed by all parties and the Court.(c) The cases will be submitted to the summary juries by way of special verdict questions. Counsel shall submit a joint statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury. Special verdict questions for the summary trial need not be the same as those for the regular jury trial. The jury will determine the amount of damages. The Court will determine the format to be used and rule on disputed questions.(d) The number of summary jurors is six (6). The number of preemptory challenges is two (2). (e) Each side shall be entitled to one (1) hour for presentation of its case, unless counsel presents a compelling reason at pre-trial conference why more time for each side should be allocated. Presentation of the case by counsel will involve a combination of argument, summarization of the evidence to be presented at the regular trial, and a statement of the applicable law, but only to the extent it is needed to be known by the jury in answering the special verdict questions. No live testimony will be presented, except in cases where credibility will determine the major issues. In such cases, no more than two (2) witnesses for each side may be called for full direct examination and cross-examination. Counsel may quote from depositions and may use exhibits and videotapes. Counsel should not refer to evidence which would not be admissible at trial. The plaintiff shall proceed first, and shall have a short rebutted. (f) The Court will charge the jury on the applicable law to the extent it is appropriate and needed to be known by the jury in answering the special verdict questions. The attorneys shall agree upon the points for charge. The points the charge shall be submitted to the Court prior to the selection of the summary jury. The Court shall rule on any disputes on a point for charge.(g) The jury will be asked to return a verdict if five (5) of the six (6) of the members agree to it. The same 5/6 majority must be in agreement with respect to each special verdict question.(h) If the jury does not reach a 5/6 majority verdict within a reasonable time (2 hours), the Court will consider polling the jurors individually.(i) After the verdict, counsel may address questions in open court to the foreperson of the jury. Only questions that can be answered yes or no or by a dollar figure may be asked. The attorneys shall be limited to ten (10) questions each, unless a greater number is allowed by the Court for cause shown. No questions shall be asked to which the answer will disclose the personal view of any particular member of the jury.(j) Should the summary trial not result in a settlement, the regular trial shall not be held during the same calendar week unless the summary jury is dismissed and will not come into contact with the balance of the venire.(k) The summary trial is an extension of the settlement conference, and the verdict will not be released to the media.Camb. Cnty. Pa. 1038.4 CC