First Judicial District of Pennsylvania 
Court of Common Pleas of Philadelphia 
Trial Division - Civil 

 
Protocols and Guidelines for Conducting 
In-Person Civil Jury Trials in City Hall  
During the COVID-19 Pandemic 

   

 

       

        

                                        

 

 

Preamble 
The United States and Pennsylvania Constitutions guarantee all persons the right to a trial by 
jury. Jury trials are essential to our system of justice and are one of the cornerstones of our 
democracy. The right to trial by jury also provides citizens with the opportunity to participate in 
the judicial process.  

n March 17, 2020, the First Judicial District suspended civil jury trials for the health and safety 

of judges, judicial staff, counsel, parties, jurors and the public. During this time, the Court’s 
leadership has closely monitored public health guidance provided by the Centers for Disease 
Control and Prevention, the Pennsylvania Department of Health and the City of Philadelphia’s 
Department of Public Health.  

n March 4, 2021, the Court resumed in-person civil jury trials in City Hall.  With the continued 
guidance from public health officials and current COVID-19 statistical data, the Court conducts 
in-person civil jury trials consistent with the following guidelines: 
 

•  All persons shall wear a CDC compliant face mask that properly fits over the nose and 
mouth at all times when inside City Hall even if the person is fully vaccinated. 
 

•  All persons shall maintain a proper social distance of three feet from any other persons 

when inside any courtroom in City Hall. 
 

•  Trial procedures have been modified to reduce contact during trial including requiring the 

use of electronic display of exhibits and wireless microphones for each attorney. 
 

•  Courtrooms have been reconfigured to ensure proper social distance of three feet from 

any other seating. 
 

•  Courtrooms and jury selection rooms have enhanced cleaning/disinfecting protocols and 

increased ventilation; hand sanitizer stations are located throughout City Hall and 
courtrooms. 
 

•  Judicial staff will ensure compliance with each courtroom’s occupancy limit, which was 

established in accordance with public safety guidance.  
 

•  COVID-19 screening questions are conducted each day of every trial participant, and 

appropriate contact tracing protocols are in place. 

ecognizing that the pandemic is not a static event, these protocols and guidelines are subject to 
updating and revision. The Civil Division invites comments and improvements to these protocols 
and guidelines to ensure the safety of jurors, judges, judicial staff, counsel, parties, witnesses and 
the public. Any comments and suggestions may be emailed to daniel.anders@courts.phila.gov. 
For the most recent version, please visit: http://www.courts.phila.gov/covid-19/ 

Revision date: August 12, 2021 

 

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1. 

Jury selection in City Hall…………………………………………………………  4 

TABLE OF CONTENTS 

Prospective jurors’ arrival in City Hall……………………………………  4 

Conduct of general and individual voir dire………………………………  4 

Exercise of peremptory strikes……………………………………………  6 

Excusing jurors……………………………………………………………  6

COVID-19 protocols during jury selection………….…………...………  6 

2.  

Conduct of Trial in City Hall……………………………………………………...  8 

a.  

Physical reconfiguration of courtrooms…………………………………...  8 

Preparation for trial by counsel……………………………………………  8 

Entry into City Hall………………………………………………………..  9 

d.  

Conduct of trial…………………………………………………………….  9 

(1) 
(2) 
(3) 
(4) 
(5) 
(6) 

Opening statements and closing arguments 
Examination of witnesses 
Presentation of evidence 
Sidebars 
Breaks and lunch recess 
Use of cell phones during trial 

 

 

e.  

Jury Deliberation…………………………………………………………..  10 

f. 

Conclusion of trial………………………………………………………....  11 

g.  

COVID-19 protocols during trial and deliberation……......………………  11 

COVID-19 screening and contact tracing…………………..……………..  12 

 

No livestreaming of trial via YouTube…………………………………….  13 

Failure to comply with COVID-19 protocols……………………………..  13 

a.  

b.  

c.  

d.  

e.  

b. 

c. 

 

 
 
 
 

h. 

i.  

j. 

 

 

 

 

 

 

 

 

 

 
 
 
 

   

 

 

 

 

   

 

 

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The Jury Commission developed the following plan to select jurors for the resumption of 

civil jury trials on March 4, 2021. Starting in March 2021, jury selection commenced with two 
juries on Thursday and two juries on Friday. Since April 2021, jury selection increased to three 
juries on Thursday and Friday for a total of six juries per week. 

 

 

 

 

Prospective jurors’ arrival in City Hall 

Prospective jurors will enter City Hall through the West Gate and report to the jury 

assembly room (CH 195). Prior to entering CH 195, each prospective juror will be asked three 
COVID-19 screening questions1 by jury staff. Anyone who answers “Yes” to any question will 
immediately be excused from jury duty by the jury staff. 

urors who pass their COVID-19 screening will be assigned a specific seat in the room 

where jury selection will occur. That seat is the juror’s seat for that juror’s sole use. When a juror 
returns from a break, the juror must return to the same seat.  Jury staff and judicial staff must 
reinforce this rule when they are interacting with prospective jurors. Once seated, jury staff will 
provide prospective jurors with voir dire questionnaires to complete. Jury staff will provide each 
juror with a pen and ensure that no jurors share pens. 

b.  

Conduct of general and individual voir dire 

Counsel shall initially report to CH 241 by 9:00am to receive instructions as to which 

 
a.  

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courtroom will be used for jury selection.  

  Jury selection in assigned courtroom 

o  As of July 6, 2021, jury selection will occur as it did prior to the pandemic. Thus, 
general voir dire will occur in the courtroom with the prospective jurors in the 
gallery. Individual voir dire will occur in the jury room. 

o  If jury selection does not occur in the courtroom that will be used for trial, then 

jury selection will occur as described below. 

  Jury selection in CH 195 

 

o  When one jury is being selected for the day, jury selection will occur in CH 195.  
o  When counsel arrive at CH 195, they will be escorted to a large private room 

where they will meet with judicial staff to prepare for jury selection. 

o  Once all 40 jurors have been seated in CH 195, the presiding trial judge or judicial 
staff will – from the podium at the front of the room – give a general description 
of the case, introduce counsel and the parties, and ask general voir dire questions 
to all 40 jurors.  

                                                           
1 The three screening questions are: (1) Are you currently experiencing symptoms of COVID-19 (fever, 
cough, shortness of breath, fatigue, loss of taste or smell); (2) Have you tested positive for COVID-19 
within the past 14 days; and (3) Have you recently come into contact with somebody who tested positive 
for COVID-19 within the past 14 days. 

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1.  

Jury selection in City Hall 

  Jury selection in CH 243/232 

o  Counsel and parties will stand on either side of the podium when they are 

introduced. Judicial staff may ask counsel and parties to switch sides when they 
are introduced so that all jurors in the room can see them. 

o  Once general voir dire is completed, judicial staff will excuse everyone except for 

counsel who will conduct individual voir dire. Thus, any parties who were 
introduced to the jury in CH 195 as part of the general voir dire must leave City 
Hall before individual voir dire starts. 

o  Individual voir dire will be conducted in a separate room directly behind the 
podium located in CH 195. The juror, counsel and judicial staff must remain 
socially distant in the separate room during individual voir dire. After each juror 
is questioned, judicial staff will disinfect the chair before calling the next juror for 
individual voir dire with either a disinfectant spray or disposable wipe. Due to 
occupancy limits, only counsel, judicial staff and the prospective juror shall be 
inside the room where individual voir dire is conducted. 
 

o  When two juries are being selected for the day, jury selection will occur in CH 

195 or CH 243/232.  

o  When CH 243 is used for jury selection, counsel and parties shall report to CH 
232 where they will meet with judicial staff to prepare for jury selection. 
o  Once the 40 jurors have been seated in CH 243, the presiding trial judge or 
judicial staff will – from the bench – give a general description of the case, 
introduce counsel and the parties, and ask general voir dire questions to all 40 
jurors.  

o  In CH 243, counsel and parties will stand on either side of and – if needed – in 

front of the bench and jury box – when they are introduced. Judicial staff may ask 
that counsel and parties to switch sides when they are introduced so that all jurors 
in the room can see them. 

o  Individual voir dire will take place in CH 232, where judicial staff, counsel and 
the prospective juror will be socially distant. Due to occupancy limits, only 
counsel, judicial staff and the prospective juror shall be inside CH 232. Thus, any 
parties who were introduced to the jury in CH 243 as part of the general voir dire 
must leave City Hall before individual voir dire starts. 

  Jury selection in CH 195/380 

o  When three juries are being selected for the day, jury selection will occur in CH 

195, CH 243/232 and CH 195/380. 

o  When CH 195/380 is used for jury selection, counsel and parties shall report to 
CH 380 where they will meet with judicial staff to prepare for jury selection. 
o  Once all 40 jurors have been seated in CH 195, the presiding trial judge or judicial 
staff will – from the podium at the front of the room – give a general description 
of the case, introduce counsel and the parties, and ask general voir dire questions 
to all 40 jurors.  

o  Counsel and parties will stand on either side of the podium when they are 

introduced. Judicial staff may ask that counsel and parties to switch sides when 
they are introduced so that all jurors in the room can see them. 

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o  Individual voir dire will occur in CH 380; jury staff will escort 5 jurors at a time 

to CH 380. There will be five chairs lined up outside of CH 380, socially 
distanced, for the prospective jurors. Jury staff will disinfect each chair prior to 
seating a new set of 5 jurors who are brought from CH 195 to CH 380 for 
individual voir dire with either a disinfectant spray or disposable wipe. Judicial 
staff will bring one juror at a time into CH 380 for individual voir dire. Due to 
occupancy limits, only counsel, judicial staff and the prospective juror shall be 
inside CH 380. Thus, any parties who were introduced to the jury in CH 195 as 
part of the general voir dire must leave City Hall before individual voir dire starts. 

 

c.  

Exercise of peremptory strikes 

After all prospective jurors have been individually questioned, judicial staff will provide 
a document whereby counsel will exercise their peremptory strikes. After counsel have exercised 
all of their strikes, judicial staff will collect the document and announce the jurors who were 
selected for trial. 

Regardless of where individual voir dire is conducted, if all counsel agree to excuse a 

juror, that juror will be immediately excused by the judicial staff and may leave City Hall 
immediately and without returning to CH 195.  If the juror is not excused following individual 
voir dire, the juror will return to their seat in the jury selection room until the entire panel is 
individually questioned.  

fter counsel have exercised their peremptory strikes, judicial staff will announce the 

jurors who were selected for trial. Any jurors who were not selected for trial will be immediately 
excused and may leave City Hall without returning to CH 195. Any jurors who were selected for 
trial will be given instructions on when and where to report to City Hall for trial. Regardless of 
how a juror is excused, no juror needs to return to CH 195. 
 

All trials will commence on the following Monday unless otherwise ordered by the 

presiding trial judge.  

e.  

COVID-19 protocols during jury selection 

A face mask is mandatory whenever a person is inside City Hall even if the person is 

fully vaccinated. Thus, the presiding trial judge, all jury staff, judicial staff, prospective jurors, 
counsel and parties must wear a CDC compliant face mask that is properly fitted over the nose 
and mouth when inside City Hall. No one may remove their face mask at any point including 
when they are participating in individual voir dire. The only exception to this policy is when a 
person is actually drinking from a water bottle.  

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Note: The wearing of two face masks (e.g., one surgical face mask 
and one cloth face mask) approximates a single N95 face mask that 
filters more than 95% of particulates carrying the COVID-19 virus. 

d. 

Excusing jurors 

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Participants may wear a face mask that has a clear window provided that the face mask is 
CDC compliant and properly fitted over the nose and mouth. Finally, a plastic face shield is not a 
replacement for a face mask but a plastic face shield may be worn in combination with a face 
mask.  
 

All operable windows shall remain partially open during jury selection in order to 

increase ventilation and bring fresh outside air into the jury selection rooms.  

ote: All participants are encouraged to wear layers of warm clothes as the temperature 

inside the courtroom may not reach a comfortable level during jury selection if the 
outside temperature is particularly cold. 

 

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a.  

Physical reconfiguration of courtrooms & compliance with social distancing2 

All trials will occur in the largest courtrooms. To comply with social distance 

requirements, all jurors have assigned seats in the public gallery of the courtroom, instead of the 
jury box where social distancing is not possible. No juror chairs shall be moved or relocated at 
any point during the trial. The juror chairs must remain in their original location, which is 
marked by green tape on the floor. Jurors also have assigned seats that are socially distant in the 
assigned jury room. 
 

In the “well” of the courtroom, all lawyers, paralegals, parties and party representatives 

will sit at tables where each chair is at least three feet away from any other chair. With the 
approval of the presiding trial judge, counsel may move or relocate chairs and tables in the 
“well” of the courtroom. At the end of trial, all relocated chairs and tables shall be moved back in 
the original location in the “well” of the courtroom. 
 

Audio-visual technicians have two designated chairs that shall not be relocated except by 

approval of the presiding trial judge. Any relocation of the AV technician chairs must abide by 
social distancing requirements unless a mobile plexiglass barrier is used. 

 

Plexiglass is installed in areas where social distancing cannot be observed. For example, 
plexiglass is installed above the court reporter (on the bench and around witness stand) because 
the court reporter’s seat is closer than 3’ from the presiding trial judge and testifying witness and 
also lower than the presiding trial judge. Mobile plexiglass barriers are available in each 
courtroom if an unanticipated need for plexiglass arises. 
 

b.  

Preparation for trial by counsel 

Courtrooms have been significantly reconfigured to comply with COVID-19 protocols. 

As such, counsel are strongly encouraged to see the courtroom before trial commences either by 
emailing Stanley Thompson at stanley.thompson@courts.phila.gov or, more simply, by 
requesting to see it after jury selection.  Counsel are also encouraged to arrange for all 
technical/AV setup to be done in the courtroom on the Friday before trial, provided that the 
courtroom is not in use. 

nless otherwise permitted by the presiding judge, counsel must comply with the agreed 
to courtroom occupancy limits that are contained in the pre-trial order. Judicial staff will strictly 
monitor and enforce these occupancy limits during trial. Any persons that exceed the number 
previously agreed by counsel at the pre-trial conference will not be admitted into the courtroom 
except by permission of the presiding judge.  

lso during the pre-trial conference, counsel agreed to the number of days for trial 
(exclusive of jury selection but inclusive of deliberation). Because courtroom assignments are no 
                                                           
2 Per Public Property’s guidance, the 3’ social distance is measured from the center of one chair’s seat to 
the center of the next chair’s seat. 

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2.  

Conduct of Trial in City Hall 

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longer fungible – i.e., each trial has been scheduled months in advance for a specific courtroom 
for a specific number of trial days – it is imperative that counsel adhere to the agreed upon 
number of trial days.  

Jurors – all jurors selected for a trial shall enter City Hall via the West Gate and show 

Authorized badge holders – any trial participant that has an active, City-issued badge 

that allows them entry into City Hall – including counsel and legal support staff – may enter any 
entrance of City Hall. 
 

All other persons – All other persons must enter City Hall through the public entrance in 

 
c. 

Entry into City Hall 

their juror badge. 
 

the Northeast Corner of City Hall. 
 

Conduct of trial  

d.  
 

With the permission of the presiding trial judge, counsel may use a podium to make 

opening statements and closing arguments provided that they abide by 3’ social distance 
requirements. Otherwise, counsel must remain seated when making their opening statement and 
closing argument. 
 

(2) 

Examination of witnesses 

With the permission of the presiding trial judge, counsel may use a podium to make 

conduct examination of a witness provided that they abide by 3’ social distance requirements. 
Otherwise, counsel shall remain seated during examination of witnesses. 
 

All testimony must be presented in-person except as otherwise permitted by the 
Pennsylvania Rules of Civil Procedure or Rules of Evidence. In other words, counsel may not 
present any witness by advanced communication technology such as through Zoom. 

n order to reduce the time between witnesses who are called to testify, the next witness 
that will be called to testify may enter City Hall 15 minutes before they are expected to testify. 
Upon entry to City Hall, the witness shall go to the assigned courtroom and sit in one of two 
chairs immediately outside of the courtroom. The witness shall not enter the courtroom until 
instructed to enter by judicial staff. 
 

All trial participants will use either microphone stands that are contactless or wireless 

microphones that are for the sole use of each trial participant.3 

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3 Judicial staff will disinfect microphones at least twice each day with either a disinfectant spray or 
disposable wipe. 

(1) 

Opening statements and closing arguments 

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(3) 

Presentation of evidence 

Counsel must display all documents and other evidence on a television or projection 

screen unless otherwise permitted by the presiding trial judge. If paper documents are permitted 
by the presiding trial judge, counsel shall ensure that there are sufficient copies for each person 
in the room to review including jurors, other counsel, witnesses and the presiding trial judge. 
Judicial staff will distribute paper materials by first sanitizing their hands and then handing 
documents to trial participants. 

With the permission of the presiding trial judge, counsel may use poster boards/flip charts 

on an easel. Any such use must comply with social distance requirements. 

(4) 

Sidebars are strongly discouraged 

Sidebars are strongly discouraged during trial. Counsel must raise all evidentiary and 

other trial issues with the presiding trial judge before trial commences, during any recess, or after 
trial adjourns for the day. In the limited circumstance when a sidebar is required during the 
examination of a witness, judicial staff will announce a recess and take the jury to the jury room. 
The presiding trial judge should not confer with counsel during a sidebar in a manner that would 
violate social distance requirements. 

(5) 

Breaks and lunch recess 

Except for jurors, no trial participant may eat inside City Hall including eating inside any 

courtroom or jury room.  

 

During any breaks or recesses, jurors must either go to the jury room or outside of City 

Hall for any breaks. Any other trial participant must remain in their seat in the courtroom or 
leave City Hall; no person may loiter in the hallways of City Hall. 

No person may remove their face mask while they are on a break or recess in City Hall. 

Persons may remove their face mask only when they are outside of City Hall. 

 

(6) 

Use of cell phones during trial 

In order to reduce the time between witnesses who are called to testify, counsel may use 

their cell phones during trial to text or email with any other counsel, legal support staff or 
witnesses. Such communication with witnesses shall be limited to instructing when the witness 
should enter City Hall. Counsel also may use cell phones to text or email with any other counsel 
during trial about stipulations, scheduling issues and other trial related issues. 
 

Jury Deliberation 

uring deliberation, jurors shall remain in their assigned seats and abide by social 

distance requirements.  

 

 

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If the presiding trial judge permits the jury to view any evidence that was admitted during 

trial, such evidence shall be placed on a table that is in the center of the jury room. Judicial staff 
will sanitize their hands before picking up the evidence. Judicial staff will place the evidence on 
the table and instruct the jurors that they will inspect the evidence one-by-one and not touch the 
evidence. 

 
Conclusion of trial 

t the conclusion of trial, all seats and chairs that may have been moved in the “well” of 

the court with the presiding trial judge’s permission shall be returned to their original location. 

COVID-19 protocols during trial and deliberation 

  Every trial participant must wear a face mask at all times when inside City Hall 

even if they are fully vaccinated 

t all times when inside City Hall, every trial participant must wear a CDC compliant 
face mask that is properly fitted over the nose and mouth. This requirement applies to counsel, 
parties, parties’ representatives, witnesses, experts, AV technicians, court reporters, judicial staff 
and the presiding trial judge. A person must wear a face mask even if they are fully vaccinated. 

o trial participant may remove their face mask at any point while they are inside City 

Hall. Thus, counsel may not remove their face mask when conducting examination of a witness; 
similarly, a witness may not remove their face mask when testifying from the witness chair.  

Note: The wearing of two face masks (e.g., one surgical face mask 
and one cloth face mask) approximates a single N95 face mask that 
filters more than 95% of particulates carrying the COVID-19 virus. 

articipants may wear a face mask that has a clear window provided that the face mask is 
CDC compliant and properly fitted over the nose and mouth. Finally, a plastic face shield is not a 
replacement for a face mask but may be worn in combination with a face mask.  
 

  Operable windows will remain partially open during the entire trial 

Every courtroom has operable windows that will remain partially open during the entire 

trial in order to increase ventilation and bring fresh outside air into the courtroom.  

rial participants are encouraged to wear layers of warm clothes as the temperature inside 

the courtroom may not reach a comfortable level during trial if the outside temperature is 
particularly cold. 
 

  Cleaning and disinfecting protocols 

Each courtroom and jury room have enhanced cleaning and disinfecting protocols that 

will be performed by City employees in accordance with CDC guidelines. 

f.  

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Hand sanitizer bottles are on a table immediately outside the entrance to each courtroom 
as well as on the judicial staff’s desk inside the courtroom. Disinfectant spray or disposable wipe 
will be used by judicial staff to disinfect the witness chair after each witness testifies and as 
appropriate for other surfaces throughout the trial. 

ll clipboards, notebooks or pens provided to jurors must be sanitized by judicial staff 

after each use. Judicial staff must direct jurors not to share any of these materials with any other 
jurors.  

 

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  Agreed upon occupancy limit for each courtroom 

Each courtroom has a strict occupancy limit. During a pre-trial conference, counsel 

agreed to the occupancy limit for the assigned courtroom. Unless otherwise permitted by the 
presiding judge, the only persons permitted inside the courtroom during trial are the previously 
agreed upon number of counsel, parties and client representatives. Any persons that exceed the 
number previously agreed by counsel at the pre-trial conference cannot be admitted into the 
courtroom unless otherwise permitted by the presiding judge. 
 

  Judicial staff will conduct a daily COVID-19 screening of every juror 

Judicial staff will conduct a daily COVID-19 screening each morning for every juror by 

asking if any of their previous responses to the COVID-19 screening questions4 have changed. If 
any juror indicates that their response has changed, judicial staff will inquire privately with the 
juror what has changed. Judicial staff will advise the presiding trial judge of any changed 
responses so that appropriate action can be taken. 
 

  Judicial staff must enforce social distance requirements when bringing jurors into 

the courtroom 

Judicial staff will enforce social distance requirements at all times including when lining 

up jurors for entry into a courtroom. 

COVID-19 screening and contact tracing 

The Court has contact tracing protocols that must be followed by all trial participants. 

Counsel are required to conduct a daily COVID-19 screening for every person that they require 
to participate in-person during trial. If any person answers “yes” to any of the screening 
questions, counsel must advise the presiding trial judge’s staff so that appropriate action can be 
taken. For each person that counsel requires to participate in-person during trial, counsel shall 
maintain a list of each person’s name, email address and cell phone number, which shall be 
provided to judicial staff upon request. 

                                                           
4 The three screening questions are: (1) Are you currently experiencing symptoms of COVID-19 (fever, 
cough, shortness of breath, fatigue, loss of taste or smell); (2) Have you tested positive for COVID-19 
within the past 14 days; and (3) Have you recently come into contact with somebody who tested positive 
for COVID-19 within the past 14 days. 

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Judicial staff will maintain a daily record of every court employee who was in the 

courtroom including the court reporter and interpreters. 

No livestreaming of trial via YouTube 

From March 4, 2021 to July 2, 2021, all civil trials were livestreamed via YouTube, 

which complied with the Court’s public access policy as well as provided the opportunity for 
non-essential persons to observe the trial, e.g., insurance adjusters, paralegals, additional client 
representatives and family of the parties. 

s of July 6, 2021, there is no livestreaming of the trial via YouTube due to the fact that 

there is sufficient seating in courtrooms to accommodate public access requirements.  

Failure to comply with COVID-19 protocols 

ll persons participating in any trial in City Hall shall comply with all COVID-19 

protocols as published on the Court’s website (http://www.courts.phila.gov/covid-19/) and as 
directed by the presiding trial judge.  

ounsel is under a continuing obligation to review all COVID-19 protocols, which are 
published and updated from time to time.  Any failure to comply with the Court’s COVID-19 
protocols may result in the imposition of sanctions. 

ollowing the review of all protocols, counsel shall direct any questions regarding trial 

procedures to the chambers of the presiding trial judge. If a presiding trial judge has not been 
assigned, any questions may be emailed to Supervising Judge Daniel Anders at 
daniel.anders@courts.phila.gov with a copy to all counsel. 

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