Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceThe arbitration board conducts the hearing largely as a non-jury trial, with power to administer oaths and adjourn from day to day, and a stenographic record is made only if a party arranges and pays for one.
(a)Except as otherwise prescribed by these rules, the board of arbitrators shall conduct the hearing in conformity with Rule 1038(a). A voluntary nonsuit may be taken by a plaintiff as permitted by Rule 230. If the plaintiff fails to appear or if, at the conclusion of the plaintiff’s case, the board deems the evidence insufficient to support an award in favor of the plaintiff, it shall enter an award in favor of the defendant. If the board does not do so, the defendant may proceed to offer evidence.
(b)The board shall have the power to administer oaths or affirmations to witnesses and to adjourn an uncompleted hearing from day to day.
(c)A stenographic record or a recording of the hearing shall not be made unless a party does so at his or her own expense. If a party has a stenographic record or a recording made, he or she shall upon request furnish a copy to any other party upon payment of a proportionate share of the total cost of making the record or recording.
End
Plain-English Summary
This rule sets how an arbitration hearing runs. Except where the chapter says otherwise, the board conducts the hearing in conformity with the non-jury trial rule, and a plaintiff may take a voluntary nonsuit as in a trial. The board may administer oaths or affirmations to witnesses and adjourn an unfinished hearing from day to day.
No stenographic record or recording is made unless a party arranges one at that party’s own expense. The result is a streamlined, trial-like proceeding kept inexpensive by leaving the cost of any transcript to the party who wants it.
Frequently Asked Questions
How is an arbitration hearing conducted?
In conformity with Rule 1038(a), the general non-jury trial procedure.
Amendment History
The provisions of this Rule 1304 amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (246965).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:conduct of arbitration hearingarbitration nonsuithearing procedure