If an answer is filed which denies the allegations in the petition as to the fair market value, the prior lien amounts or the entitlement of the petitioner to any special allocation, the trial shall be limited to such of those issues as are raised by the answer, which shall be heard by a judge sitting without a jury in accor- dance with Rule 1038.
Rule 3285.Trial.
Adopted December 6, 1996 · Last amended August 7, 2001 · Last verified June 30, 2026
In one sentenceIf an answer denies the fair market value, the prior lien amounts, or the petitioner's entitlement to a special allocation, those contested questions are tried by a judge sitting without a jury.
Full Text of Rule 3285
Plain-English Summary
This rule handles the contested petition to fix fair market value. When an answer denies the allegations as to fair market value, prior lien amounts, or the petitioner’s entitlement to a special allocation, the disputed matters go to trial before a judge without a jury under the general non-jury rule.
The Official Note makes clear that the general petition-and-answer rules do not apply here. Sending only the disputed valuation questions to a bench trial keeps the proceeding focused on what the parties truly contest.
Frequently Asked Questions
What happens if the petition is contested?
The disputed questions of value, prior lien amounts, or special allocation are tried by a judge without a jury.
Is there a jury?
No. The trial is before a judge sitting without a jury.
Official Note
Official Note: Rules 206.4 through 206.7 governing petitions and answers do not apply to a petition subject to these rules.
Amendment History
The provisions of this Rule 3285 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended August 7, 2001, effective September 4, 2001, 31 Pa.B. 4639. Immediately preceding text appears at serial page (260401). Rule 3286. [Reserved]. The provisions of this Rule 3286 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; rescinded August 7, 2001, effective September 4, 2001, 31 Pa.B. 4639. Immediately preceding text appears at serial page (260402).
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 deficiency proceeding