PRINTER'S NO. 2020
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
386
Session of
2022
INTRODUCED BY PITTMAN AND BAKER, NOVEMBER 29, 2022
INTRODUCED, NOVEMBER 29, 2022
A RESOLUTION
Proposing special rules of practice and procedure in the Senate
when sitting on impeachment trials.
RESOLVED, That the Senate of Pennsylvania adopt special rules
as follows:
Rules of Practice and Procedure
in the Senate When Sitting On
Impeachment Trials
Section 1. Reception of managers.
(a) Subject to subsection (b), when the Senate receives
notice from the House of Representatives that it has appointed
managers to conduct and prosecute an impeachment against an
individual and has directed the managers to carry articles of
impeachment to the Senate, the Secretary of the Senate shall
immediately inform the House of Representatives that the Senate
is ready to receive the managers for the purpose of exhibiting
such articles of impeachment, agreeably to such notice.
(b) If notice under subsection (a) is received when the
Senate has adjourned for at least ten days, the President pro
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tempore shall immediately appoint a committee under section 10.
Section 2. Exhibition of articles of impeachment.
(a) When the managers are introduced at the bar of the
Senate and signify that they are ready to exhibit articles of
impeachment against an individual, the presiding officer shall
direct the Sergeant at Arms to make a proclamation.
(b) The Sergeant at Arms shall, after making the
proclamation, repeat the following words: "All persons are
commanded to keep silence, on pain of imprisonment, while the
House of Representatives is exhibiting to the Senate of
Pennsylvania articles of impeachment against ."
(c) The articles of impeachment shall be exhibited.
(d) The presiding officer shall inform the managers that the
Senate will take proper order on the subject of the impeachment
and will give notice to the House of Representatives.
Section 3. Consideration.
(a) Upon presentation of articles of impeachment to the
Senate, the Senate shall proceed to consider the articles.
(b) Consideration shall begin:
(1) 1 p.m. on the day following presentation;
(2) if presentation is on a Sunday, at 1 p.m. on the
Tuesday following presentation; or
(3) the time and day ordered by the Senate.
(c) After consideration begins, unless the Senate orders
otherwise, the Senate shall continue in session every day except
Sunday until final judgment is rendered and no further
consideration is needed.
(d) Before consideration, the oath or affirmation shall be
administered to the presiding officer and by the presiding
officer to each Senator then present and to other Senators as
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they shall appear on the floor. A Senator has the duty to take
the oath or make the affirmation. The oath or affirmation must
be in the form set forth in section 25(c).
Section 4. Issuance of orders, etc.
The presiding officer may issue orders, writs and precepts
authorized by these rules or by the Senate, and may make and
enforce other rules and orders in the Senate Chamber as the
Senate authorizes.
Section 5. Enforcement.
(a) The Senate has the following powers:
(1) To compel the attendance of witnesses.
(2) To enforce obedience to its orders, mandates, writs,
precepts and judgments.
(3) To preserve order and to punish in a summary way
contempts of, and disobedience to, its authority, orders,
mandates, writs, precepts or judgments.
(4) To issue lawful orders and rules which it deems
essential or conducive to the ends of justice.
(b) The Sergeant at Arms, under the directions of the
Senate, may employ aid and assistance necessary to execute and
enforce the lawful orders, mandates, writs and precepts of the
Senate.
Section 6. Preparation and form of proceedings.
(a) The President pro tempore shall direct:
(1) necessary preparations in the Senate Chamber; and
(2) the form of proceedings.
(b) The presiding officer shall rule on all questions of
evidence, including relevance, materiality and redundancy of
evidence and incidental questions. Except as set forth in
subsection (c), a ruling under this subsection shall stand as
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the judgment of the Senate.
(c) On a ruling under subsection (b), a vote may be taken as
follows:
(1) A Senator may request a formal vote on the ruling.
(2) The presiding officer may submit the ruling for a
vote.
(3) Upon request under paragraph (1) or submission under
paragraph (2), the vote shall be taken under the Rules of the
Senate immediately. Debate is not permitted.
(4) The result of the vote shall stand as the judgment
of the Senate.
Section 7. Writ of summons.
(a) Upon presentation of articles of impeachment and the
organization for consideration under these rules, a writ of
summons shall issue to the individual impeached.
(b) The writ must contain all of the following:
(1) A recitation of the articles.
(2) Notice to the individual to:
(i) appear, personally or by counsel, before the
Senate at a specified time, on a specified date and at a
specified location;
(ii) file an answer to the articles; and
(iii) stand to and abide the orders and judgments of
the Senate on the articles.
(c) All of the following apply to service of the writ:
(1) The officer or individual named in the precept of
the writ shall execute service.
(2) Service must be executed within the advance notice
specified in the precept.
(3) Service must be executed in one of the following
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manners:
(i) By delivery of an attested copy of the writ to
the individual impeached.
(ii) If delivery under subparagraph (i) cannot
conveniently be done, by leaving an attested copy of the
writ in a conspicuous place at the last known place of
residence or the usual place of business of the
individual impeached.
(iii) If the Senate determines that compliance with
subparagraphs (i) or (ii) is impracticable, in a manner
the Senate deems just.
(d) Upon compliance with subsection (b)(2), the individual
impeached may:
(1) Plead guilty. Upon entry of the plea, judgment shall
be rendered.
(2) Plead not guilty. Upon entry of the plea, trial
shall commence.
(e) Upon noncompliance with subsection (b)(2)(i) or (ii), a
plea of not guilty shall be entered. Upon entry of the plea,
trial shall commence.
Section 8. Return of summons.
At 12:30 p.m. on the day appointed for the return of the
summons against the individual impeached:
(1) The legislative and executive business of the Senate
shall be suspended.
(2) The Secretary of the Senate shall administer an oath
or affirmation to the returning officer in the following
form:
I, , do solemnly swear or affirm that the
return made by me upon the process issued on the day
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of , by the Senate of Pennsylvania, against ,
is truly made, and that I have performed such
service as therein described: (So help me God).
(3) The oath or affirmation shall be entered on the
record.
Section 9. Appearances.
The appearance or nonappearance of the individual impeached,
either personally or by counsel shall be recorded on the record.
Section 10. Committee.
(a) In an impeachment trial, unless otherwise ordered by the
Senate, the President pro tempore may appoint a committee of
Senators, no more than half of whom must be members of the same
political party. The President pro tempore shall be an ex
officio member and may vote in case of a tie on any question
before the committee.
(b) The functions of the committee are to receive evidence
and take testimony at times and places determined by the
committee. To discharge these functions, unless otherwise
ordered by the Senate, the committee and its chairperson have
the powers and duties conferred upon the Senate and the
President pro tempore or the President of the Senate,
respectively, under these rules.
(c) Upon appointment, the President pro tempore shall be
responsible for setting the first meeting of the committee.
Thereafter, the committee shall meet on such days as the
committee chair may decide until the committee has determined
that all relevant testimony and evidence has been presented.
(d) A ruling regarding the admissibility of evidence shall
be made by the committee chair subject to a right of appeal to
the committee. In an appeal, the committee shall vote on the
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admissibility of the contested evidence.
(e) Unless otherwise ordered by the Senate, these rules
shall govern the procedure and practice of the committee so
appointed.
(f) The committee shall report to the Senate in writing that
it has completed receiving evidence and taking testimony, and
the committee shall provide a summary of the evidence and
testimony and a certified copy of the transcript of the
proceedings and testimony had and given before such committee.
(g) The report under subsection (f) shall be received by the
Senate and the evidence received and the testimony taken shall
be considered, subject to the right of the Senate to determine
competency, relevancy and materiality, as having been received
and taken before the Senate.
(h) Nothing in this section shall prevent the Senate from
sending for a witness and hearing the witness's testimony in
open Senate. The Senate may receive additional evidence and
testimony before making its final judgment on the articles of
impeachment.
Section 11. Commencement of trial.
Unless otherwise ordered by the Senate, at 12:30 p.m. on the
day appointed for the trial of an impeachment:
(1) the legislative and executive business of the Senate
shall be suspended; and
(2) the Secretary of the Senate shall give notice to the
House of Representatives that the Senate is ready to proceed
upon the impeachment in the Senate Chamber.
Section 12. Time of trial.
Unless the Senate orders otherwise, trial of an impeachment
shall begin each day at 12 noon. At that time, a proclamation
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shall be made; and the trial shall proceed. Adjournment of the
trial does not operate as an adjournment of the Senate.
Section 13. Record.
The Secretary of the Senate shall record the proceedings in
cases of impeachment as in the case of legislative proceedings,
and the proceedings shall be reported in the same manner as the
legislative proceedings of the Senate.
Section 14. Counsel.
Counsel for the parties shall be admitted to appear and be
heard on impeachment. Counsel must be admitted to practice law
by a court of record of this Commonwealth.
Section 15. Presentation of questions, etc.
A motion, objection, request or application, whether relating
to the procedure of the Senate or relating immediately to the
trial, including questions with respect to admission of evidence
or other questions arising during the trial, made by the parties
or their counsel shall be addressed to the presiding officer
only. The presiding officer or a Senator may require a written
submission and reading by the Secretary of the Senate.
Section 16. Witnesses.
Witnesses shall be examined by one individual on behalf of
the party producing them, and then cross-examined by one
individual on the opposing side.
Section 17. Senator as witness.
If a Senator is called as a witness before the full Senate,
the Senator shall testify at the Senator's desk on the floor of
the Senate.
Section 18. Actions by individual Senators.
(a) If a Senator wishes a question to be put to a witness,
to a manager or to counsel of the individual impeached, or to
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offer a motion or order, except a motion to adjourn, it must be
reduced to writing and shall be put by the presiding officer.
(b) The parties or their counsel may interpose objections to
a witness answering a question propounded at the request of a
Senator. The merits of the objection may be argued by the
parties or their counsel. Ruling on the objection shall be made
under section 6(b) and (c).
(c) It is not in order for a Senator to engage in colloquy
under this section.
Section 19. Session to be open.
(a) Subject to subsection (b), when the Senate is sitting
upon the trial of an impeachment, the doors of the Senate shall
be kept open.
(b) The Senate may direct the doors to be closed while
deliberating upon its decisions. A motion to close the doors may
be acted upon without objection. If an objection is raised to
the motion, the motion shall be voted on without debate by roll
call vote, entered on the record.
Section 20. Argument time limits.
Unless the Senate otherwise orders, preliminary or
interlocutory questions or a motion, or both, shall be argued
for not exceeding one hour on each side.
Section 21. Presentation of case.
(a) The case for impeachment shall be opened by a statement
of one manager or counsel for the managers.
(b) The case against impeachment shall be opened by a
statement of the individual impeached or one counsel
representing the individual.
(c) Unless otherwise ordered by the Senate upon application:
(1) The case against impeachment shall be closed by
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argument on the merits made by no more than two of the
following:
(i) The individual impeached.
(ii) Counsel for the individual impeached.
(2) The case for impeachment shall be closed by argument
on the merits made by no more than two individuals in the
following categories:
(i) The managers.
(ii) Counsel for the managers.
Section 22. Voting on articles of impeachment.
(a) An article of impeachment is not divisible for the
purpose of voting on the article during the trial.
(b) Once voting has commenced on an article of impeachment,
voting shall be continued until voting has been completed on all
articles of impeachment unless the Senate adjourns for a period
not to exceed one day or adjourns sine die.
(c) On the final question whether the impeachment is
sustained, the vote shall be taken on each article of
impeachment separately.
(d) If impeachment upon an article is not sustained by the
votes of two-thirds of the Senators present, a judgment of
acquittal on that article shall be entered on the record.
(e) If impeachment upon an article is sustained by the votes
of two-thirds of the Senators present, the Senate shall proceed
to the consideration of other matters determined to be
appropriate; and a judgment of conviction on that article shall
be entered on the record. A certified copy of the judgment shall
be transmitted to the Secretary of the Commonwealth.
(f) A motion to reconsider the vote by which an article of
impeachment is sustained or not sustained is not in order.
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(g) To put the question on each article of impeachment:
(1) the presiding officer shall state the question; and
(2) by roll call vote entered on the record, each
Senator shall rise in place and answer guilty or not guilty.
Section 23. Votes on orders or decisions.
(a) An order or decision may be acted upon without
objection.
(b) If an objection is raised to an order or decision,
subject to subsection (c) and section 6(b) and (c), all of the
following apply:
(1) Except as set forth in paragraph (2), the motion or
decision shall be voted on without debate by roll call vote.
(2) A motion to adjourn may be decided without a roll
call vote unless a roll call vote is demanded by one-fifth of
the Senators present.
(3) The vote shall be entered on the record.
(c) When the doors of the Senate are closed for
deliberation, all of the following apply to an objection to an
order or decision:
(1) Subject to paragraph (2), all of the following
apply:
(i) No Senator may speak more than once on one
question.
(ii) No Senator may speak for more than ten minutes
on a question.
(iii) No Senator may speak for more than 15 minutes
on the final question. The 15 minutes allowed under this
subparagraph is on the whole deliberation of the final
question, and not on the final question on each
individual article of impeachment.
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(2) A time period under paragraph (1) may be altered if,
upon motion and without debate, the Senate consents.
Section 24. Oath or affirmation of witnesses.
(a) A witness must be sworn in the following form:
I, , do swear (or affirm, as
the case may be) that the evidence I shall give in the
case now pending between the Commonwealth of Pennsylvania
and , shall be the truth, the whole truth, and
nothing but the truth: (So help me God).
(b) The oath shall be administered by the Secretary of the
Senate or another authorized person.
Section 25. Forms.
(a) The following is the form of a subpoena to be issued on
the application of a manager or of the individual impeached or
the individual's counsel:
To , greeting:
You and each of you are hereby commanded to appear before
the Senate of the Commonwealth of Pennsylvania, on
the day of , at the Senate Chamber in the
city of Harrisburg, then and there to testify your
knowledge in the cause which is before the Senate in
which the House of Representatives have impeached........
Fail not.
Witness , and (President or President pro
tempore) of the Senate, at the city of Harrisburg, this
day of , in the year of our Lord .
(President or President pro tempore of the
Senate).
(b) The following is the form of direction for the service
of a subpoena under subsection (a):
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The Senate of the Commonwealth of Pennsylvania to
, greeting:
You are hereby commanded to serve and return the within
subpoena according to law.
Dated at Harrisburg, this day of , in the year
of our Lord .
Secretary of the Senate.
(c) The following is the form of oath to be administered to
the Senators and the President of the Senate sitting in the
trial of impeachments:
I solemnly swear (or affirm, as the case may be) that in
all things appertaining to the trial of the impeachment
of , now pending, I will do impartial justice
according to the Constitution and laws: (So
help me God).
(d) The following is the form of summons to be issued and
served upon the person impeached:
The Commonwealth of Pennsylvania, ss:
The Senate of Pennsylvania to , greeting:
Whereas the House of Representatives of the Commonwealth
of Pennsylvania, did, on the day of ,
exhibit to the Senate articles of impeachment against
you, the said , in the words following:
(insert articles here)
And demand that you, the said , should be put to
answer the accusations as set forth in said articles, and
that such proceedings, examinations, trials, and
judgments might be thereupon had as are agreeable to law
and justice.
You, the said , are therefore hereby
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summoned to be and appear before the Senate of
Pennsylvania, at their Chamber in the city of Harrisburg,
on the day of , at o'clock ,
then and there to answer to the said articles of
impeachment, and then and there to abide by, obey, and
perform such orders, directions and judgments as the
Senate of Pennsylvania shall make in the premises
according to the Constitution and laws of Pennsylvania.
Hereof you are not to fail.
Witness , and (President or President pro tempore
of the said Senate), at the city of Harrisburg, this day
of , in the year of our Lord .
(President or President pro tempore of the Senate).
(e) The following is the form of precept to be indorsed on a
writ of summons under subsection (d):
The Commonwealth of Pennsylvania, ss:
The Senate of Pennsylvania to , greeting:
You are hereby commanded to deliver to and leave
with , if conveniently to be found, or if not,
to leave at his usual place of abode, or at his usual
place of business in some conspicuous place, a true and
attested copy of the within writ of summons, together
with a like copy of this precept; and in whichsoever way
you perform the service, let it be done at least days
before the appearance day mentioned in the said writ of
summons.
Fail not, and made return of this writ of summons and
precept, with your proceedings thereon indorsed, on or
before the appearance day mentioned in the said writ of
summons.
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Witness , and (President or President pro
tempore of the Senate), at the city of Harrisburg, this
day of , in the year of our Lord .
(President or President pro tempore of the Senate).
(f) Unless otherwise ordered by the Senate, process shall be
served by the Sergeant at Arms of the Senate.
Section 26. Other time periods.
If the Senate fails to sit for the consideration of articles
of impeachment on the day or hour fixed, the Senate may, by an
order adopted without debate, fix a day and hour for resuming
consideration.
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