Rule Text
The trial of actions upon mechanics’ lien by a judge sitting without a jury shall be in accordance with Rule 1038.
Amendment history: The provisions of this Rule 1661 adopted June 27, 1969, effective September 1, 1969; amended December 16, 1983, effective July 1, 1984, 13 Pa.B. 3999. Immediately preceding text appears at serial page (31823).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a mechanics' lien case goes to trial, the judge can hear it alone without a jury. The trial follows the same steps and procedures as other non-jury trials under Rule 1038.
This means both sides present their evidence and arguments directly to the judge, who then decides the outcome. The same basic rules that apply to any non-jury civil trial in Pennsylvania apply here too.