Rule *1305 - Conduct of Arbitration Hearings(a)Rules of Evidence. Supervisory Authority. Hearings shall be conducted in accordance with the established rules of evidence, liberally construed to promote justice. The Arbitration panel, which may seek the assistance of the Director of the Arbitration Center, shall have the general powers of a court including the power to determine the admissibility of evidence, to permit testimony to be offered by depositions and to decide the law and the facts of the case submitted to them. Provided, however, that the Arbitration panel may not continue any case assigned to it.(b)Admissibility of Documents.(1)General Rule. In addition to the evidence permitted by Pa.R.C.P. 1305(b), expert witness reports, description of expert qualifications, attorney's certifications as to time and hourly rates in claims where counsel fees are involved, bills, and records of businesses which ordinarily would be admissible if authenticated by a custodian of records shall be received in evidence without further proof provided that at least 20 days' written notice of the intention to offer such documents in evidence was given to any adverse party accompanied by a copy of the item to be introduced. Provided, however, that if the documents were previously produced, they need only to be identified within the above time period.
(2)Subrogation. (i)Defendant fails to Appear. In subrogation cases, where the defendant or counsel for the defendant does not appear at the Arbitration hearing to contest a case, the plaintiff shall be permitted to offer into evidence, without further proof, a sworn statement from the plaintiff attesting to the injuries and damages that the plaintiff sustained as a result of the incident which gave rise to this litigation. This statement shall be accepted by the panel of arbitrators in lieu of live testimony of the plaintiff and shall be given the weight that the arbitrators deem appropriate. The sworn statement shall be admitted into evidence only if it has been forwarded to the defendant or defendant's counsel at least 20 days prior to the arbitration hearing. (ii) Pennsylvania Assigned Claims Plan Cases. In cases involving the Pennsylvania Assigned Claims Plan, the Plan may offer into evidence proof of the amount of the Plan's payment of medical bills and uninsured motorist benefits on behalf of and/or to the claimant. It is for the arbitrators to decide whether the amount of said payment was fair, reasonable and proper and whether the defendant shall be responsible for paying said sum. In no case shall the amount of the arbitration award exceed the amount of payments which include loss adjustment costs made by the Pennsylvania Assigned Claims Plan.(iii)Other. In all cases other than those involving the Pennsylvania Assigned Claims Plan, the Release and Trust Agreement signed by the claimant(s)/plaintiff(s) shall not be admissible as evidence to prove damages.(c)Delay Damages. The procedure set forth in Pa.R.C.P. 238(d)(1) shall apply.(d)Witness Fees. Witness fees and costs shall be in the same amount, and shall be paid by the same party or parties, as provided for the trials in the Court of Common Pleas of Philadelphia County. Amended by the Board of Judges on May 18, 1995, effective 7/17/1995. Amended May 15, 2014, effective 7/6/2014. Sewww.courts.phila.gov/forms for the current version of the Report and Award of Arbitrators.