RESOLUTION TO RECOMMEND TO THE PENNSYLVANIA SUPREME COURT CIVIL PROCEDURAL RULES COMMITTEE THAT PA.R.C.P. 1311.1 BE REVISED

WHEREAS, on September 1, 2003, the Pennsylvania Supreme Court adopted Pa.R.C.P. 1311.1 governing the admission of documentary evidence upon the trial de novo of an appeal from the award of arbitrators in compulsory arbitration. This Rule was amended May 16, 2006, effective July 1, 2006, to increase the maximum amount of recoverable damages from $15,000.00 to $25,000.00 because of the favorable reception to the Rule which is designed to benefit both plaintiffs and defendants in litigating appeals from Arbitrations; and,

WHEREAS, issues have arisen concerning the operation of the Rule relating to withdrawal of a stipulation to apply the Rule upon trial of an appeal from the award of arbitrators, subpoena of a person whose testimony is waived by the Rule and compensation for a person whose testimony is waived by the Rule, and these issues have been studied by the State Civil Litigation Section and its Rules and Procedure Committee and Compulsory Arbitration Committee, which have drafted, approved and adopted proposed changes to the Rule to address these issues; and

WHEREAS, the State Civil Litigation Section, Rules and Procedure Committee and Compulsory Arbitration Committee have submitted this Resolution requesting that their proposed revisions to Pa.R.C.P. 1311.1 be approved by the Board of Governors for submission to the Pennsylvania Supreme Court Civil Procedural Rules Committee with the recommendation that the proposed changes be considered and adopted by the Procedural Rules Committee for submission to the Supreme Court.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Governors hereby approves the Proposed Revisions to Pa.R.C.P. 1311.1 as shown on the attached red-lined version of the Rule;

AND, BE IT FURTHER RESOLVED, that this Resolution and the Proposed Revisions to Pa.R.C.P. 1311.1 be submitted by the State Civil Litigation Section to the Pennsylvania Supreme Court Procedural Rules Committee for consideration and submission to the Supreme Court;

AND, BE IT FURTHER RESOLVED, that the Philadelphia Bar Association urges the Supreme Court to adopt the Proposed Revisions to Pa.R.C.P. 1311.1.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: September 30, 2010