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Rule 1311.Procedure on Appeal.

Last amended April 30, 2003 · Last verified June 30, 2026

In one sentenceAn appeal from a compulsory-arbitration award is tried de novo — a complete new trial — and an arbitrator may not be called to testify about what happened before the board.

Full Text of Rule 1311

Text sizeJump to: (a) (b)

(a) The trial shall be de novo.
(b) An arbitrator may not be called to testify as to what transpired before the arbitrators.
End

Plain-English Summary

This rule fixes the character of an arbitration appeal. The appeal is heard de novo: the court tries the case anew, as if the arbitration had not happened, rather than reviewing the board’s award for error.

To protect the integrity of that fresh trial and the candor of the arbitration, an arbitrator may not be called as a witness to what transpired before the board. Together these make the arbitration a non-binding first pass whose result drops away once a party exercises the right to a full trial.

Frequently Asked Questions

What kind of trial follows an arbitration appeal?

A trial de novo — a new trial in the court of common pleas.

Can an arbitrator be called to testify about the hearing?

No. An arbitrator may not be called to testify about what transpired before the arbitrators.

Official Note

Official Note: Except as otherwise provided by Rule 1311.1, the provisions of Rule 1305 governing conduct of hearing shall not apply on appeal.

Amendment History

The provisions of this Rule 1311 amended April 30, 2003, effective September 1, 2003, 33 Pa.B. 2359. Immediately preceding text appears at serial pages (271790) to (271791).

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: trial de novo arbitrationappeal procedure arbitrationarbitrator testimony