Rule Text
After the presentation of evidence at the sentencing hearing, each party shall be entitled to present one closing argument for or against the sentence of death. The defendant’s argument shall be made last.
Amendment history: The provisions of this Rule 806 amended June 4, 2004, effective November 1, 2004, 34 Pa.B. 3105. Immediately preceeding text appears at serial page (289116).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
At a death penalty sentencing hearing, both sides get to make a closing argument after all the evidence has been presented. The prosecution argues first, and the defendant argues last.
This order gives the defendant the final word before a decision is made about whether they will receive the death penalty.
Committee Notes
See Sentencing Code, 42 Pa.C.S. § 9711(a)(3).
Rule 356 adopted February 1, 1989, effective July 1, 1989; renumbered Rule 805 and Comment revised March 1, 2000, effective April 1, 2001; renumbered Rule 806 June 4, 2004, effective November 1, 2004.
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).