Rule 1328.Motion to Confirm Arbitration Award as an Original Proceeding.
Adopted December 28, 2005 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1328 lets a party confirm a qualifying arbitration award by filing a motion as a standalone original proceeding, in the county where the defendant resides, has a place of business, or as the rule otherwise provides.
(a)Any party may file as an original proceeding a motion to confirm an arbitration award if the arbitration award was entered pursuant to Rule 1327(1). The motion to confirm such an award shall be filed in the county in which the defendant resides or has a place of business or, if there is no such county, then in the county in which the arbitration hearing was held.
(b)The motion shall begin with a notice substantially in the form prescribed by Rule 1331 and shall be served in the manner provided for service of original process in a civil action.
(c)The motion shall contain factual allegations establishing that the arbitration award was entered pursuant to Rule 1327(1).
(d)A responding party who opposes the motion shall file an answer to the motion within thirty days after service of the motion.
(e)If the responding party does not file an answer, the prothonotary, upon praecipe of the moving party filed after the answer was due, shall enter judgment upon the arbitration award.
(f)If the responding party files an answer, the motion shall be decided pursuant to the court’s procedures for deciding motions.
End
Plain-English Summary
When there is no pending lawsuit, a party can confirm an arbitration award by starting a fresh proceeding. The motion to confirm is filed as an original proceeding in the county where the defendant lives or has a place of business, with fallback venue rules if neither applies. This gives the winner of an arbitration a direct route to a judgment.
Frequently Asked Questions
How do you confirm an award when there is no lawsuit pending?
By filing a motion to confirm as an original proceeding under Rule 1328.
Where is the motion filed?
In the county where the defendant resides or has a place of business, or as the rule otherwise provides.
Official Note
Official Note: Section 7317 of the Judicial Code, 42 Pa.C.S. § 7317, provides that, unless the parties otherwise agree, notice of an initial application for an order of court shall be served in the manner provided by law for the service of a writ of summons in a civil action.
Amendment History
The provisions of this 1328 adopted December 28, 2005, effective February 1, 2006, 36 Pa.B. 174.
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. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as:confirm award original proceedingmotion to confirm arbitrationarbitration award venue