Proposed Amendment of Phila. R. Civ. P. No. *1303 in
accordance with Pa.R.C.P. No. 1303(a)(2).

Rule 1303. Scheduling of Arbitration Hearings. Relistings. Consolidations.

(a) Scheduling of Arbitration Hearings.

(1) Scheduling Upon Commencement of Action. All Arbitration summonses and complaints must be accompanied by a Civil Cover Sheet as required by Phila. Civ. R. No. 205.2(a)(9). All Arbitration Summonses and Complaints must state in upper case on the upper, right-hand corner of the cover page "THIS IS AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARING IS/IS NOT REQUIRED". The date, time and place of the Arbitration hearing shall be entered on the Civil Cover Sheet or initial pleadings, and all service copies[.], together with 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 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. There is no right to a trial de novo on appeal from a decision entered by a judge."

(2) Scheduling After Commencement of Action. In the event a case is scheduled for an Arbitration hearing after the commencement of the action, and the initial pleadings do not contain the statement authorized by Pa.R.C.P. No. 1303(a)(2), the case will nonetheless be subject thereto provided the Order or Notice scheduling such Arbitration hearing contains 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 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. There is no right to a trial de novo on appeal from a decision entered by a judge."

Note: Deleted language in [ ]; additional language in bold/italics.

Approved by the Board of Judges of the Court of Common Pleas on November 19, 1998. Effective January 1, 1999.


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