THE COURTS

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL
[231 PA. CODE CH. 1300]

Proposed Amendment to Rule 1311 Governing Admission of Documentary Evidence on Appeal from Compulsory Arbitration

[31 Pa.B. 2364]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1311 governing the procedure on appeal from compulsory arbitration be amended with respect to the admission of documentary evidence. The proposed 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 June 8, 2001 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 of civil procedure 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 1311.  Procedure on Appeal. Admission of Documentary Evidence.

   (a)  The trial shall be de novo.

   Official Note:  Except as otherwise provided by subdivision (c), [The]the provisions of Rule 1305 governing conduct of hearing shall not apply on appeal.

*      *      *      *      *

   (c)(1)  Documents set forth in Rule 1305(b)(1) shall be admitted into evidence at trial as provided in Rule 1305, if

   (i)  the plaintiff stipulates to a maximum amount of damages recoverable not in excess of $15,000, and

   (ii)  forty-five days' notice of the intention to offer the documents at trial was given to every other party accompanied by a copy of each document to be offered.

   (2)  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 trial and any adverse party may cross-examine the person as to the document as provided by Rule 1305(b)(4).

Explanatory Comment:

   The proposed amendments to Rule 1311 recognize that compulsory arbitration involves cases in which the potential damage recovery is often relatively small. The cost of the attendance of a witness, for example an expert witness, to testify to the contents of documentary evidence at a trial de novo upon appeal might be prohibitively expensive when compared with the potential damages to be recovered. Parties to meritorious cases may be denied access to the court solely due to economic considerations.

   Therefore, Recommendation 174 proposes to add a new subdivision (c) to Rule 1311 which would permit parties in an appeal from compulsory arbitration to the court of common pleas to take advantage of the relaxed evidentiary rules available in compulsory arbitration under Rule 1305(b). However, in order to utilize this procedure, a party must accept a limit on the damages recoverable to no more than $15,000 as well as provide notice of the intent to utilize this procedure at least forty-five days prior to trial.

   Subdivision (c) also incorporates the procedure of Rule 1305(b)(4) providing for the subpoena of the person whose testimony has been waived, for cross-examination by an adverse party, and for fees and costs.

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 01-769. Filed for public inspection May 4, 2001, 9:00 a.m.]

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