[231 PA. CODE CH. 1300] Proposed Amendment of Rule 1303 Governing Compulsory Arbitration; Recommendation No. 138 [26 Pa.B. 6181] The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1303 governing notice and hearing be amended as set forth in this recommendation. The recommendation is being published to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.
All communications in reference to the proposed recommendation should be sent not later than January 25, 1997 to: Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, Pennsylvania 17055, or E-Mail to hdon@courts.state.pa.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 nor will it 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 1303. Hearing. Notice.
(a)(1) The procedure for fixing the date, time and place of hearing before a board of arbitrators shall be prescribed by local rule, provided that not less than thirty days' notice in writing shall be given to the parties or their attorneys of record.
Official Note: See Rule 248 as to shortening or extending the time for the giving of notice.
(2) The local rule may provide that the written notice required by subdivision (a)(1) 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.''
(b) When the board is convened for hearing, if one party is ready and the other is not the case shall proceed and the arbitrators shall make an award unless the court
(1) orders a continuance, or
(2) hears the matter if the notice of hearing contains the statement required by subdivision (a)(2) and all parties present consent.
Official Note: It is within the discretion of the court whether it should hear the matter or whether the matter should proceed in arbitration. If the court is to hear the matter, it should be heard on the same date as the scheduled arbitration hearing.
In hearing the matter, the trial court may take action not available to the arbitrators, including the entry of a nonsuit if the plaintiff is not ready or a non pros if neither party is ready. If the defendant is not ready, it may hear the matter and enter a decision.
For relief from a nonsuit, see Rule 227.1 governing post-trial practice. See also Rule 3051 governing relief from a judgment of non pros.
Explanatory Comment If at a hearing before a board of arbitrators one party is ready and the other is not, Rule of Civil Procedure 1303 presently provides for the arbitration to proceed and an award to be made unless the court orders a continuance. Under this rule, some courts have experienced the problem of a party failing to appear for the arbitration hearing and then appealing for a trial de novo before the court.
It is proposed that Rule 1303 be amended to provide an additional alternative in such a circumstance and allow a court of common pleas by local rule to provide that the court may hear the case if the notice of hearing so advised the parties and all parties present agree. If the court hears the matter, then the parties will have had their trial in the court of common pleas. Relief from the decision of the court will be by motion for post-trial relief and, where warranted, subsequent appeal to an appellate court.
By the Civil Procedural Rules Committee
EDWIN L. KLETT,
Chairperson[Pa.B. Doc. No. 96-2181. Filed for public inspection December 27, 1996, 9:00 a.m.]
