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Procedure for jury trials - 20 Pa. Cons. Stat. § 778

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     § 778.  Procedure for jury trials.
        (a)  Jury.--Jury trials in any case begun before or certified
     or appealed to an orphans' court division shall be tried in the
     division. The division shall draw a jury and preside at the
     trial of the issue and shall have all the powers of a judge in
     trials by jury in cases at law. The panel of jurors drawn for
     service in other divisions of the court shall be available for
     such service in the orphans' court division when required, and
     in judicial districts where there is a separate orphans' court
     division, the court of common pleas shall, by appropriate rules,
     provide for and regulate the manner in which the jurors shall be
     made available and sent to the orphans' court division when
     required for the trial of issues therein.
        (b)  Combined hearings and trials.--In any case begun before
     or certified or appealed to the orphans' court division, the
     court may, on its own motion or on motion of a party and with
     reasonable notice to all parties:
            (1)  combine the hearing to determine whether a
        substantial dispute of fact exists with the trial to
        determine the dispute, and impanel a jury before determining
        whether or not a substantial dispute of fact exists; and
            (2)  combine the hearing and trial on all wills, the
        issues in regard to which are closely interrelated.
     The court may withdraw the case from the jury, if the court
     determines that no substantial dispute of fact exists.
        (c)  Rules of court.--Unless and until an orphans' court
     division otherwise directs, the appropriate rules of the
     division of the court having jurisdiction over actions at law
     shall apply to jury trials of issues in the orphans' court
     division, and matters relating to such trials shall be heard and
     disposed of by the orphans' court division.

        Cross References.  Section 778 is referred to in section 777
     of this title.

Last modified: November 27, 2007