THE COURTS

PART I. GENERAL

[231 PA. CODE CH. 1300]

Amendment of Rule 1311.1 Governing Appeals from Awards in Compulsory Arbitration; Proposed Recommendation No. 204

[35 Pa.B. 2604]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1311.1 governing the admission of documentary evidence upon an appeal from the award of arbitrators in compulsory arbitration be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than June 1, 2005 to:

Harold K. Don, Jr.,
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
civil.rules@pacourts.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 or 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 1311.1 Procedure on Appeal. Admission of Documentary Evidence.

   (a)(1)  [The] Except as otherwise provided by subdivision (a)(2), plaintiff may stipulate to [$15,000.00] $25,000.00 as the maximum amount of damages recoverable upon the trial of an appeal from the award of arbitrators. The stipulation shall be filed and served upon every other party at least thirty days from the date the appeal is first listed for trial.

   (2)(i)  A court may provide by local rule that a plaintiff may stipulate to $15,000.00 as the maximum amount of damages recoverable upon the trial of an appeal from the award of arbitrators

   (ii)  The local rule shall be designated Local Rule 1311.1 and shall be promulgated, published and effective as provided by Rule 239.8(b) through (d).

   Official Note: A local rule promulgated under subdivision (a)(2) must be published on the UJS Web Portal of the Administrative Office of Pennsylvania Courts.

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   (e)  The stipulation required by subdivision (a)(1) shall be substantially in the following form:

(Caption)

Stipulation to Limitation of Monetary Recovery
Pursuant to Rule 1311.1
 

To: _________________ :
         (Name of Party/Parties)
 

   ______ , plaintiff, stipulates to ($15,000.00) ($25,000.00) as the maximum amount of damages recoverable upon the trial of the appeal from the award of arbitrators in the above captioned action.
 

_________________
(Name of Plaintiff)            
 
_________________
(Attorney for Plaintiff)      
 
_________________
               (Date)
 

   Official Note: The plaintiff must set forth maximum recoverable damages of $25,000.00 or of $15,000.00 if the court has limited the application of the rule by local rule pursuant to subdivision (a)(2).

   The term ''plaintiff'' includes a defendant who is the plaintiff in a counterclaim.

*      *      *      *      *

Explanatory Comment

   Rule 1311.1 governing the admission of documentary evidence upon the trial de novo of an appeal from the award of arbitrators in compulsory arbitration became effective September 1, 2003. The response of the bench and bar has been overwhelmingly favorable.

   The rule as promulgated applies to appeals in which the plaintiff stipulates to $15,000.00 as the maximum amount of recoverable damages in the appeal. In light of the favorable reception to the rule, it is proposed that the maximum amount of recoverable damages be increased to $25,000.00.

   The rule also provides that a local court may continue the present maximum amount of recoverable damages at $15,000.00. However, a court choosing to maintain the present limit must promulgate a local rule numbered Local Rule 1311.1 so stating and publish it on the UJS Web Portal according to the procedures set forth in Rule 239.8.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 05-830. Filed for public inspection April 29, 2005, 9:00 a.m.]

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