Rule Text
The court may compel the plaintiff in any action to produce all evidence upon the question of the defendant’s liability before calling any witness to testify solely to the extent of the injury or damages. The defendant’s attorney may then move for a nonsuit. If the motion is refused, the trial shall proceed. The court may, however, allow witnesses to be called out of order if the court deems it wise so to do.
Amendment history: The provisions of this Rule 224 adopted September 8, 1938, effective March 20, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (200245).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
In a Pennsylvania civil trial, the judge can require the plaintiff (the person suing) to present all their evidence about whether the defendant did something wrong before presenting evidence about how much the injury or damages are worth. This keeps the trial organized by dealing with the question of fault first.
After the plaintiff finishes presenting their liability evidence, the defendant's lawyer can ask the judge to dismiss the case right then, before it goes any further. This is called a motion for a nonsuit. If the judge says no to that request, the trial continues as normal.
The judge does have flexibility here. If there is a good reason to call witnesses in a different order, the judge can allow it.