THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 1300]

Amendment of Rule 1311.1 Governing an Appeal from an Award in Compulsory Arbitration; No. 455 Civil Procedural Rules; Doc. No. 5

[36 Pa.B. 2629]
[Saturday, June 3, 2006]

Order

Per Curiam:

   And Now, this 16th day of May, 2006, Pennsylvania Rule of Civil Procedure 1311.1 is amended as follows.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective on July 1, 2006.

Annex A

TITLE 231. RULES OF CIVIL PROCEDUREc

PART I. GENERAL

CHAPTER 1300. ARBITRATION

Subchapter A. COMPULSORY ARBITRATION

Rule 1311.1. Procedure on Appeal. Admission of Documentary Evidence.

   (a)  The 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.

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   (e)  The stipulation required by subdivision (a) 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)

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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 rule as originally promulgated applied to appeals in which the plaintiff stipulated to $15,000.00 as the maximum amount of recoverable damages in the appeal. In light of the favorable reception to the rule, the maximum amount of recoverable damages has been increased to $25,000.00.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 06-968. Filed for public inspection June 2, 2006, 9:00 a.m.]

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