Elliott v. Miller
Elliott v. Miller
Opinion of the Court
Opinion by
Following a jury verdict for the defendants in an action of trespass, plaintiff filed a motion for a new trial. Acting under Rule 37, Section I of the Court of Common Pleas of Lancaster County, Hon. W. Gr. John-stone, Jr., the trial judge, sitting alone, entered an order refusing to grant plaintiff a rule to show cause why a new trial should not be granted. This appeal followed.
Rule 37, Section I, of the Common Pleas Court of Lancaster County provides: “Section I. Motions for New Trials and for Arrest of Judgments. No motion for a new trial or in arrest of judgment shall be received unless for reasons reduced to writing and filed in the office of the Prothonotary within fifteen days after the verdict was rendered. The Prothonotary shall immediately docket and deliver the said motion and reasons to the Trial Judge. Where the reasons are not founded upon the evidence, the facts alleged must be verified by affidavit. If a rule to show cause why a new trial should not be granted is allowed by the Trial Judge, no further proceedings shall be had in the case until a disposition is made of said rule, unless the Trial Judge shall direct otherwise.” Appellant contends this rule is contrary to law and that his motion for a new trial must be passed on by a court en banc.
Woodward, Motions and Rules in Pennsylvania, §262 (1934), points out that the practice of allowing a motion for a new trial only after a rule to show cause is followed in certain counties, including Somerset and
Court rules may impose reasonable conditions on the filing of motions for a new trial. However, the practice of allowing such motions only after the granting of a rule to show cause serves no useful purpose since the motion for a new trial must be passed upon by the court en banc. Such practice is hereby expressly disapproved.
We shall not pass upon the points raised in appellant’s motion for a new trial until the statutory mandate of review by the court en banc has been complied with.
Reversed and remanded with directions to have the court en bane pass upon appellant’s motion for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.