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PA Bulletin, Doc. No. 96-440

THE COURTS

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 1300]

Proposed Amendment of Rule 1305--Governing Compulsory Arbitration; Recommendation No. 134

[26 Pa.B. 1262]

   The Civil Procedural Rules Committee proposes to amend Rule of Civil Procedure 1305 governing compulsory arbitration. The recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than April 19, 1996 to Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, PA 17055.

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1300.  COMPULSORY ARBITRATION

Subchapter A.  RULES

Rule 1305.  Conduct of Hearing. Evidence.

   (a)  Except as prescribed by this rule, the rules of evidence shall be followed in all hearings before arbitrators. Rulings on objections to evidence or on other issues which arise during the hearing shall be made by a majority of the board.

   (b)(1)  [If at least twenty days' written notice of the intention to offer the following documents in evidence was given to every other party accompanied by a copy of the document, a party may offer in evidence, without further proof,] The following documents shall be admitted into evidence if at least twenty days' notice of the intention to offer them was given to every other party accompanied by a copy of each document to be offered:

   [(1)] (i)  bills [, records and reports of hospitals, doctors, dentists, registered nurses, licensed practical nurses and physical therapists, or other licensed health care providers,] or other documents evidencing charges incurred;

   Official Note:  The board of arbitrators may find a bill authentic, necessary and reasonable without extrinsic evidence but is not required to do so.

   [(2)] (ii)  [bills for drugs, medical appliances and prostheses,] records of businesses, government departments, agencies or offices, subject to statutory restrictions, provided that these are records which would otherwise be admissible if authenticated by a custodian of records;

   Official Note:  The restrictions on the admissibility of evidence under this subparagraph are unique to the records specified and are not found elsewhere in subdivision (b).

   (iii)  records and reports of hospitals and licensed health care providers;

   (iv)  expert reports and descriptions of expert qualifications;

   [(3)] (v)  [bills for or] written estimates of value, damage to, cost of repair of or loss of property; and

   [(4)] (vi)  [a report] reports of rate of earnings and time lost from work or lost compensation prepared by an employer.

   (2)  If twenty days' advance notice of intention to offer documents in evidence was not given but copies of the documents were provided to the other parties at least twenty days in advance of the hearing or during discovery, the admissibility of the documents without authentication shall be in the discretion of the arbitrators upon a finding of the absence of prejudice.

   (3)  A document which is received into evidence under subparagraphs (1) or (2) may be used for only those purposes which would be permissible if the person whose testimony is waived by this rule were present and testifying at the hearing. The arbitrators shall disregard any portion of a document so received that would be inadmissible if the person whose testimony is waived by this rule were testifying in person.

   (4)  Any other party may subpoena the person whose testimony is waived by this rule to appear at or serve upon a party a notice to attend the hearing and any adverse party may cross-examine [him] the person as to the document as if [he] the person were a witness for the party offering the document. The party issuing the subpoena shall pay the reasonable fees and costs of the person subpoenaed to testify, including a reasonable expert witness fee if applicable.

   (c)  A written estimate of value, damage to, cost of repair of or loss of property shall be accompanied by a statement of the party offering it whether the property was repaired and, if it was, whether the repairs were made in full or in part and by whom, together with the bill therefor.

   (d)  A party may offer in evidence, without the certification required by Sections 5328 and 6103 of the Judicial Code, an official weather or traffic signal report or a standard United States Government life expectancy table. A party may also offer any other official record kept within the Commonwealth without such certification if the provisions of subdivision (b) are followed.

Explanatory Note

   The 1981 Explanatory Note to Rule 1305 will be deleted.

Explanatory Comment

   Recommendation No. 134 proposes the amendment of Rule 1305(b) which relaxes the rules of evidence as to the introduction of certain types of written evidence at a hearing before a board of arbitrators in compulsory arbitration. First, the proposed amendment clarifies the rule by providing that, if twenty days' notice of the intention to offer certain types of documents into evidence is given to every other party and if the notice is accompanied by copies of the documents, the documents ''shall be admitted into evidence.'' Second, the recommendation broadens the categories of such evidence to include business and governmental records (subdivision (b)(1)(ii)) and expert reports and qualifications (subdivision (b)(1)(iv)). Third, new subdivision (b)(2) provides for the instance in which the required notice was not given but the other parties had received copies of the documents at least twenty days prior to the hearing or during discovery. Finally, new subdivision (b)(3) directs the board of arbitrators in its consideration and use of the documents admitted into evidence.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 96-440. Filed for public inspection March 22, 1996, 9:00 a.m.]


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