In Re: Order Amending Rule 227.1 of the Pennsylvania Rules of Civil Procedure ( 2015 )

Rule 227.1. Post-Trial Relief
(a) After trial and upon the written Motion for Post-Trial Relief filed by any
party, the court may
(1) order a new trial as to all or any of the issues; or
(2) direct the entry of judgment in favor of any party; or
(3) remove a nonsuit; or
(4) affirm, modify or change the decision; or
(5) enter any other appropriate order.
Note: The motion for post-trial relief replaces the following motions
and exceptions: motion for new trial, motion for judgment
notwithstanding the verdict, motion upon the whole record after
disagreement of a jury, motion in arrest of judgment, motion to
remove a nonsuit and exceptions following the decision of the judge
in a trial without jury.
The following rules provide for the filing of exceptions, e.g.,
[Equity Rule 1530 (exceptions to an auditor’s report),] Equity
Rule 1534 (exceptions to a fiduciary’s account), Partition Rule 1569
(exceptions to a master’s report) and Divorce Rule 1920.55-2
(exceptions to a master’s report), Support Rule 1910.12(e)
(exceptions to a hearing officer’s report) and Execution Rule
3136(d) (exceptions to sheriff’s schedule of proposed distribution).
(b) Except as otherwise provided by Pa.R.E. 103(a), post-trial relief may not
be granted unless the grounds therefor,
(1) if then available, were raised in pre-trial proceedings or by motion,
objection, point for charge, request for findings of fact or conclusions of law, offer
of proof or other appropriate method at trial; and
Note: If no objection is made, error which could have been
corrected in pre-trial proceedings or during trial by timely objection
may not constitute a ground for post-trial relief.
Pa.R.E. 103(a) provides that the specific ground for an
overruled objection, or the substance of excluded evidence, need
not be stated at or prior to trial, or without having made an offer of
proof, if the ground of the objection, or the substance of the
evidence sought to be introduced, was apparent from the context.
(2) are specified in the motion. The motion shall state how the grounds
were asserted in pre-trial proceedings or at trial. Grounds not specified are
deemed waived unless leave is granted upon cause shown to specify additional
grounds.
(c) Post-trial motions shall be filed within ten days after
(1) verdict, discharge of the jury because of inability to agree, or
nonsuit in the case of a jury trial; or
(2) notice of nonsuit or the filing of the decision in the case of a trial
without jury.
If a party has filed a timely post-trial motion, any other party may file a post-trial motion
within ten days after the filing of the first post-trial motion.
Note: A motion for post-trial relief may be filed following a trial by
jury or a trial by a judge without a jury pursuant to Rule 1038. A
motion for post-trial relief may not be filed to orders disposing of
preliminary objections, motions for judgment on the pleadings or for
summary judgment, motions relating to discovery or other
proceedings which do not constitute a trial. See U. S. National Bank
in Johnstown v. Johnson, [506 Pa. 622,] 487 A.2d 809 (Pa. 1985).
A motion for post-trial relief may not be filed to matters
governed exclusively by the rules of petition practice.
The filing of a motion for post-trial relief is prohibited by the
following rules: Rule 1557 (order directing partition)[, Rules
1910.11(k) and 1910.12(g) (orders of support), Rule 1915.10(b)
(order of custody, partial custody or visitation), and Rule
1920.55(c) (final decree of divorce based upon a master’s
report)] and Rule 1930.2 (no post-trial practice in domestic
relations matters).
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(d) A motion for post-trial relief shall specify the relief requested and may
request relief in the alternative. Separate reasons shall be set forth for each type of
relief sought.
(e) If a new trial and the entry of judgment are sought in the alternative, the
court shall dispose of both requests. If the court directs the entry of judgment, it shall
also rule on the request for a new trial by determining whether it should be granted if the
judgment is thereafter vacated or reversed, and shall specify the grounds for granting or
denying the request for a new trial.
(f) The party filing a post-trial motion shall serve a copy promptly upon every
other party to the action and deliver a copy to the trial judge.
(g) A motion for post-trial relief may not be filed in an appeal from the final
adjudication or determination of a local agency or a Commonwealth agency as to which
jurisdiction is vested in the courts of common pleas.
Note: See 2 Pa.C.S. § 101 for the definition of ‘‘local agency.’’
See section 933(a)(1) of the Judicial Code, 42 Pa.C.S. §
933(a)(1), which provides for jurisdiction of appeals from
determinations of particular Commonwealth agencies to be in the
courts of common pleas.
(h) A motion for post-trial relief shall be filed following a trial upon an appeal
from the decision of viewers pursuant to the Eminent Domain Code.
Note: Subdivision (h) eliminates any distinction with respect to the
filing of a motion for post-trial relief between jury and non-jury trials
following an appeal from the decision of viewers in eminent domain
proceedings.
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(i) When an appellate court has remanded a case for further
proceedings, a motion for post-trial relief relating to subsequent rulings in the
trial court shall not be required unless
(1) the appellate court has specified that the remand is for a
complete or partial new trial, or
(2) the trial court indicates in its order resolving the remand
issues that a motion for post-trial relief is required pursuant to this rule.
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