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.

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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in particular rights and
 3      immunities, providing for permissible argument for damages.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Title 42 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 8320.2.      Permissible argument for damages.
 9      (a)   Permissible argument.--Except as provided under
10   subsection (b), in any civil action tried before a judge, jury
11   or other tribunal, an attorney may, during closing argument:
12            (1)    Specifically argue to the judge, jury or other
13      tribunal in lump sums or by mathematical formula the amount
14      the attorney deems to be an appropriate award for all past
15      and future economic or noneconomic damages or both economic
16      and noneconomic damages claimed to be recoverable.
17            (2)    On behalf of a defendant, argue to the judge, jury
18      or other tribunal that an award of any lesser amount is
 1      appropriate if there is a finding of liability against the
 2      defendant.
 3      (b)   Prior disclosure required.--A party may not argue a sum
 4   as provided for under subsection (a) unless the party first
 5   discloses to the court and opposing counsel that the party
 6   intends to argue damages listed under subsection (a) prior to
 7   the presentation of closing arguments.
 8      (c)   Jury instruction.--In a civil action tried before a
 9   jury, when lump sums or mathematical formulas are argued during
10   closing arguments as provided for under subsection (a), the
11   trial court shall instruct the jury that the sums or
12   mathematical formulas argued are not evidence but only arguments
13   and that the determination of the amount of appropriate damages
14   to be awarded, if any, is solely for the jury's determination.
15      (d)   Construction.--
16            (1)   Nothing in this section shall be construed to
17      prevent a defendant from arguing that the facts and evidence
18      of the case support a finding of no liability.
19            (2)   Notwithstanding subsection (b), arguments as to
20      appropriate amount of economic damages may be made without
21      notice to opposing counsel if evidence supporting economic
22      damages has been introduced at trial.
23      Section 2.    This act shall take effect in 60 days.




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