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PA Bulletin, Doc. No. 00-206

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 200]

Proposed Amendments Governing Post-Trial Motions; Proposed Recommendation No. 158

[30 Pa.B. 619]

   The Civil Procedural Rules Committee proposes the amendment of Rule of Civil Procedure 227.1 governing post-trial motions. The recommendation is being published 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 March 10, 2000 to: Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, Pennsylvania 17055 Or E-Mail to civil.rules@supreme.court.state.pa.us.

   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 200.  BUSINESS OF COURTS

Rule 227.1.  Post-Trial Relief.

   (a)  [After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may] Every party who seeks post-trial relief shall file a written motion therefor. The court may grant relief only to a party who has filed a motion. The court may

   (1)  order a new trial as to all or any of the issues; or

   (2)  direct the entry of judgment in favor of any party; or

   (3)  remove a nonsuit; or

   (4)  affirm, modify or change the decision or decree nisi; or

   (5)  enter any other appropriate order.

   Official Note: The motion for post-trial relief replaces the following motions and exceptions: motion for new trial, motion for judgment notwithstanding the verdict, motion upon the whole record after disagreement of a jury, motion in arrest of judgment, motion to remove a nonsuit, exceptions following the decision of the judge in a trial without jury and exceptions following the adjudication of the judge in an action in equity. However, certain rules retain the filing of exceptions, e.g., Equity Rule 1530 (exceptions to an auditor's report), Equity Rule 1534 (exceptions to a fiduciary's account), Partition Rule 1569 (exceptions to a master's report) and Divorce Rule 1920.55 (exceptions to a master's report), Support Rule 1910.12(e) (exceptions to a hearing officer's report) and Execution Rule 3136(d) (exceptions to sheriff's schedule of proposed distribution).

   A party may not rely upon the motion for post-trial relief filed by another party but must file his or her own motion specifying the grounds for relief.

   (b)  Post-trial relief may not be granted unless the grounds therefor,

   (1)  if then available, were raised in pretrial proceedings or by motion, objection, point for charge, request for findings of fact or conclusions of law, offer of proof or other appropriate method at trial; and

   Official Note: If no objection is made, error which could have been corrected in pre-trial proceedings or during trial by timely objection may not constitute a ground for post-trial relief.

   For example, the ground that the verdict is inconsistent, which is not raised prior to the dismissal of the jury, is not deemed waived unless the inconsistency is obvious and could have been corrected.

   (2)  are specified in the motion. The motion shall state how the grounds were asserted in pretrial proceedings or at trial. Grounds not specified are deemed waived unless leave is granted upon cause shown to specify additional grounds.

   Official Note: The ground that the verdict is contrary to the weight of the evidence need not be asserted prior to dismissal of the jury.

*      *      *      *      *

Explanatory Comment

   The purpose of the proposed amendments to Rule 227.1 is two-fold. First, in Jara v. Rexworks, 718 A.2d 788 (Pa.Super.1998), the Superior Court invited the Civil Procedural Rules Committee to consider the issue of cautionary post-trial motions. The proposed amendments to subdivision (a) are the Committee's response to that invitation. They make clear that a party seeking post-trial relief is required to file a written motion specifying the grounds for relief. A court may only grant relief if requested in a motion. The addition to the note following subdivision (a) also emphasizes that a party seeking post-trial relief must file a motion irrespective of any post-trial motions filed by the other parties to an action.

   Second, the proposed amendments to the notes following Rule 227.1(b)(1) and (2) address the difference between grounds for post-trial relief based upon an inconsistent verdict and a verdict which is contrary to the weight of the evidence. To preserve an issue with respect to an inconsistent verdict, an objection must be raised prior to the dismissal of the jury. With respect to a verdict which is contrary to the weight of the evidence which might require a review of the record of trial before the error is discovered, there is no requirement for the issue to be raised prior to the dismissal of the jury. Consequently, the motion for post-trial relief need not state how the ''weight of the evidence'' ground was asserted in pre-trial proceedings or at trial as usually required by Rule 227.1(b)(2).

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 00-206. Filed for public inspection February 4, 2000, 9:00 a.m.]


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