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Medical Experts
Philadelphia, Pennsylvania
MEDICAL EXPERTS - WHEN & HOW THEY HELP YOU WIN
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Where a case does not warrant the cost of live or videotaped testimony of an
expert, i.e., when the parties can agree that the case should have a value that does not exceed $25,000, the Rules of Civil Procedure permit an appeal from arbitration to proceed at the trial level simply on the admission of documentary evidence.
Rule 1311.1 Procedure on Appeal. Admission of Documentary Evidence.
(a)(1) [The] Except as otherwise provided by subdivision (a)(2), plaintiff may stipulate to $25,000.00 as the maximum amount of damages recoverable upon the trial of an appeal from the award of arbitrators. The stipulation shall be filed and served upon every other party at least thirty days from the date the appeal is first listed for trial.
(2)(i) A court may provide by local rule that a plaintiff may stipulate to $25,000.00 as the maximum amount of damages recoverable upon the trial of an appeal from the award of arbitrators
(ii) The local rule shall be designated Local Rule 1311.1 and shall be promulgated, published and effective as provided by Rule 239.8(b) through (d).
(e) The stipulation required by subdivision (a)(1) shall be substantially in the following form:(Caption)
Stipulation to Limitation of Monetary Recovery Pursuant to Rule 1311.1
To: _________________ :
(Name of Party/Parties)
______ , plaintiff, stipulates to $25,000.00 as the maximum amount of damages recoverable upon the trial of the appeal from the award of arbitrators in the above captioned action.
__________________ ___________
(Attorney for Plaintiff) (Date)
Official Note: The plaintiff must set forth maximum recoverable damages of $25,000.00 or of $15,000.00 if the court has limited the application of the rule by local rule pursuant to subdivision (a)(2). The term ''plaintiff'' includes a defendant who is the plaintiff in a counterclaim. The rule also provides that a local court may continue the present maximum amount of recoverable damages at $15,000.00. However, a court choosing to maintain the present limit must promulgate a local rule numbered Local Rule 1311.1 so stating and publish it on the UJS Web Portal according to the procedures set forth in Rule 239.8.
In addition to this procedural method by which a smaller case can be tried efficiently and inexpensively, the parties can avoid the use of expert testimony, and rely upon written reports, when they opt for Alternative Dispute Resolution, regardless of the amount in controversy.
