§ Rule 1328 Motion to Confirm Arbitration Award as an Original Proceeding

Codes > Pennsylvania Rules of Civil Procedure > Arbitration > Proceeding to > Rule 1328

Rule 1328. Motion to Confirm Arbitration Award as an Original Proceeding

    (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.

    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.

    (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.