2155 Amendment of rule 1308 governing compulsory arbitration; no. 339; civil procedural rules doc. no. 5

PART I.  GENERAL

[231 PA. CODE CH. 1300]

Amendment of Rule 1308 Governing Compulsory Arbitration; No. 339; Civil Procedural Rules Doc. No. 5

[30 Pa.B. 6423]

Order

Per Curiam:

   And Now, this 28th day of November, 2000, Pennsylvania Rule of Civil Procedure 1308 is amended to read as follows.

   Whereas prior distribution and publication of the amendments would otherwise be required, it has been determined that immediate promulgation of the amendments is required in the interest of justice and efficient administration.

   This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective January 1, 2001.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1300.  COMPULSORY ARBITRATION

Subchapter A.  RULES

Rule 1308. Appeal. Arbitrators' Compensation. Notice.

   (a)  An appeal from an award shall be taken by

   (1)  filing a notice of appeal in the form provided by Rule 1313 with the prothonotary of the court in which the action is pending not later than thirty days after the [entry of the award] day on which the prothonotary makes the notation on the docket that notice of entry of the arbitration award has been provided as required by Rule 1307(a)(3), and

   (2)  payment to the prothonotary of the compensation of the arbitrators, not exceeding fifty percent of the amount in controversy, which shall not be taxed as costs or be recoverable in any proceeding; provided that the court, in an appropriate case, upon petition may permit the appellant to proceed in forma pauperis.

   Official Note:  Subdivision (a)(1) incorporates the holding of Stellar Construction Inc. v. Ronald Sborz et al, individually and trading as Keystone Meats, 748 A.2d 667 (Pa. 2000) with respect to the date upon which the appeal period begins to run.

   (b)  The appellant shall provide the prothonotary with the required notice for mailing and properly stamped and addressed envelopes. The prothonotary shall give notice to each other party of the taking of the appeal. Failure to give the notice shall not invalidate the appeal.

   (c)  The appellant shall not be required to post any bond, recognizance or other security or to pay any record costs which have accrued in the action. All record costs shall abide the event.

   [Official Note:  This rule will supersede Rule 247.1 adopted January 21, 1980. It changes the prior practice with respect to a bond or recognizance and the payment of record costs.]

Explanatory Comment

   Rule 1308 governing compulsory arbitration has been amended in two respects. First, subdivision (a)(1) governs the filing of a notice of appeal from an award of arbitrators and previously provided that the notice of appeal must be filed not later than thirty days ''after the entry of the award on the docket''. That provision has now been revised to incorporate the holding of Stellar Construction, Inc. v. Ronald Sborz et al, Individually and trading as Keystone Meats, 748 A.2d 667, 669 (Pa. 2000):

   In furtherance of clarity, certainty and ease of determination, see Frazier, 557 Pa. at 621-22, 735 A.2d at 115, we hold that the date of entry of an order for purposes of Pennsylvania Rule of Civil Procedure 1308 shall mean the day on which the prothonotary fulfills its duty to make the required notation on the docket reflecting that notice of entry of the arbitration award has been provided as required by Rule 1307(a)(3).

   Second, the note following subdivision (c) of the rule has been deleted as obsolete.

By the Civil Procedural Rules Committee

REA BOYLAN THOMAS,   
Chair

[Pa.B. Doc. No. 00-2155. Filed for public inspection December 15, 2000, 9:00 a.m.]