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PA Bulletin, Doc. No. 99-402

THE COURTS

DELAWARE COUNTY

Adoption of Civil Rule 1303; Misc. No. 90-18200

[29 Pa.B. 1389]

Order

   And Now, this 9th day of February, 1999, it is hereby Ordered and Decreed that Local Rule 1303 be adopted as follows:

Rule 1303:  Hearing. Notice.

   (A)(1) (i)  All arbitration cases will be assigned a date and time for hearing at the time of the initial filing by the plaintiff or appellant from a judgment by a District Justice. The hearing date shall be the first available date no less than two hundred seventy (270) days from the date of initial filing.

   (ii)  A notice prepared and attached by the Office of Judicial Support shall indicate the hearing time and date, which notice shall be attached at the time of initial filing. The aforementioned notice shall be affixed both to the original and all service copies of the complaint or praecipe for writ of summons or, in the case of appeal from District Justice judgments, the notice of appeal.

   (iii)  The notice attached by the Office of Judicial Support to the original filing shall also include 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 of the 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.''

   (iv)  In the case of a joinder complaint, the moving party shall provide to the parties being joined a copy of the original notice setting forth the time, place and location of the arbitration hearing, as well as a copy of the notice referred to in (a)(1)(iii).

   (v)  In no event shall less than thirty (30) days' written notice of the date, time and place of hearing be given to the parties or their attorneys of record.

   (b)(2)  Should the court decide to hear the matter pursuant to Pa.R.C.P. 1303(b)(2), the trial court may choose to

   (i)  enter a judgment of nonsuit if the plaintiff is not ready or fails to appear; or

   (ii)  enter a judgment of non pros if neither party is ready or appears; or

   (iii)  hear the matter and make a decision, if the defendant is not ready or fails to appear.

   (b)(3)  Should a nonsuit be entered under this Rule, it is subject to the filing of a motion under Rule 227.1(a)(3) for post-trial relief to remove the nonsuit.

   (b)(4)  Should a judgment of non pros be entered under this Rule, it is subject to the filing of a petition under Rule 3051 for relief from a judgment of non pros.

   (b)(5)  Should an adverse judgment be entered under this Rule against a defendant who failed to appear, that defendant may file a motion for post-trial relief which may include a request for a new trial on the ground of a satisfactory excuse for the defendant's failure to appear.

By the Court

A. LEO SERENI,   
President Judge

[Pa.B. Doc. No. 99-402. Filed for public inspection March 12, 1999, 9:00 a.m.]


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