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PA Bulletin, Doc. No. 98-2060

THE COURTS

PHILADELPHIA COUNTY

President Judge General Court Regulation No. 98-04

[28 Pa.B. 6180]

Amendment to Philadelphia Rule of
Civil Procedure No. 1303(a)

Order

   And Now, this 30th day of November, 1998, the Board of Judges of Philadelphia County having voted at the Board of Judges' Meeting held November 19, 1998 to amend existing Philadelphia Rule of Civil Procedure No. 1303(a), It Is Hereby Ordered and Decreed that the above referenced rule is amended as follows.

   This General Court Regulation is promulgated in accordance with Phila. Civ.R. *51 and Pa.R.C.P. 239 and shall become effective on January 1, 1999. As required by Pa.R.C.P. 239, the original Joint General Court Regulation shall be filed with the Prothonotary in a docket maintained for General Court Regulations issued by the President Judge of the Court of Common Pleas, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil Procedural Rules Committee. Copies of the Regulation shall also be submitted to Legal Communications, Ltd., The Legal Intelligencer, Jenkins Memorial Law Library and the Law Library for the First Judicial District.

ALEX BONAVITACOLA,   
President Judge

Proposed Amendment of Phila. R. Civ. P. No. *1303 in accordance with Pa.R.C.P. No. 1303(a)(2).

Rule *1303.  Scheduling of Arbitration Hearings. Relistings. Consolidations.

   (a)  Scheduling of Arbitration Hearings.

   (1)  Scheduling Upon Commencement of Action. All Arbitration summonses and complaints must be accompanied by a Civil Cover Sheet as required by Phila. Civ.R. No. *205.2(a)(9). All Arbitration Summonses and Complaints must state in upper case on the upper, right-hand corner of the cover page ''THIS IS AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARING IS/IS NOT REQUIRED''. The date, time and place of the Arbitration hearing shall be entered on the Civil Cover Sheet or initial pleadings, and all service copies[.], together with the following statement: ''This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''

   (2)  Scheduling After Commencement of Action. In the event a case is scheduled for an Arbitration hearing after the commencement of the action, and the initial pleadings do not contain the statement authorized by Pa.R.C.P. No. 1303(a)(2), the case will nonetheless be subject thereto provided the Order or Notice scheduling such Arbitration hearing contains the following statement: ''This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''

[Pa.B. Doc. No. 98-2060. Filed for public inspection December 18, 1998, 9:00 a.m.]


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