1787 Amendment of rule 1311.1 governing an appeal from the award of arbitrators in compulsory arbitration; proposed recommendation no. 229

PART I. GENERAL

[ 231 PA. CODE CH. 1311 ]

Amendment of Rule 1311.1 Governing an Appeal from the Award of Arbitrators in Compulsory Arbitration; Proposed Recommendation No. 229

[37 Pa.B. 5250]
[Saturday, September 29, 2007]

   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 November 8, 2007 to:

Harold K. Don, Jr.,
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
[e-mail]

   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 1311. ARBITRATION

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

   (a)  The plaintiff may stipulate to $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] within thirty days after the appeal is filed.

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Explanatory Comment

   Rule of Civil Procedure 1311.1 presently provides that the time period for filing and serving a stipulation as to the maximum amount of damages recoverable upon the trial of an appeal from an award of arbitrators is thirty days from the date after the appeal is first listed for trial. However, this method of calculating the time period has been found to be unclear, resulting in the rule being construed in a variety of ways.

   The Civil Procedural Rules Committee is proposing that the time period for filing and serving the stipulation be revised to thirty days after the appeal is filed. This formulation provides a known event, i.e., the filing of the appeal, from which the thirty-day period may be calculated.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 07-1787. Filed for public inspection September 28, 2007, 9:00 a.m.]