Pennsylvania HB 1913: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, providing for permissible argument for damages.

Bill Text

PRINTER'S NO. 2394
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1913
Session of
2025
INTRODUCED BY BRENNAN, HILL-EVANS, WAXMAN, PROKOPIAK, K.HARRIS,
RIVERA AND GREEN, OCTOBER 1, 2025
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 1, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for permissible argument for damages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8320.2. Permissible argument for damages.
(a) Permissible argument.--Except as provided under
subsection (b), in any civil action tried before a judge, jury
or other tribunal, an attorney may, during closing argument:
(1) Specifically argue to the judge, jury or other
tribunal in lump sums or by mathematical formula the amount
the attorney deems to be an appropriate award for all past
and future economic or noneconomic damages or both economic
and noneconomic damages claimed to be recoverable.
(2) On behalf of a defendant, argue to the judge, jury
or other tribunal that an award of any lesser amount is
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appropriate if there is a finding of liability against the
defendant.
(b) Prior disclosure required.--A party may not argue a sum
as provided for under subsection (a) unless the party first
discloses to the court and opposing counsel that the party
intends to argue damages listed under subsection (a) prior to
the presentation of closing arguments.
(c) Jury instruction.--In a civil action tried before a
jury, when lump sums or mathematical formulas are argued during
closing arguments as provided for under subsection (a), the
trial court shall instruct the jury that the sums or
mathematical formulas argued are not evidence but only arguments
and that the determination of the amount of appropriate damages
to be awarded, if any, is solely for the jury's determination.
(d) Construction.--
(1) Nothing in this section shall be construed to
prevent a defendant from arguing that the facts and evidence
of the case support a finding of no liability.
(2) Notwithstanding subsection (b), arguments as to
appropriate amount of economic damages may be made without
notice to opposing counsel if evidence supporting economic
damages has been introduced at trial.
Section 2. This act shall take effect in 60 days.
20250HB1913PN2394 - 2 -
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