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PA Bulletin, Doc. No. 97-903

THE COURTS

Title 255--LOCAL COURT RULES

JEFFERSON COUNTY

Revision and Restatement of the Local Rules of Procedure for Civil Actions; No. 12-1997

[27 Pa.B. 2740]

Order of Court

   And Now, May 20, 1997, the following revision and restatement of the Local Rules of Civil Procedure of Jefferson County, Pennsylvania, Rules L1301 through L1311 and Rule L1920.51, are hereby promulgated and adopted for use effective July 1, 1997.

   The previously adopted local rules on the subjects covered by the following rules are hereby rescinded, effective July 1, 1997.

By the Court,

WILLIAM L. HENRY,   
President Judge

ARBITRATION

(Rules L1301-L1311 Revised 5/15/97)

Rule L1301.  Compulsory Arbitration.

BY THE PROTHONOTARY

   1.(a)  All cases wherein the amount in controversy (exclusive of interests and costs) shall be Twenty-Five Thousand ($25,000.00) Dollars or less, including all appeals from a civil judgment of a District Justice, except those involving title to real estate or actions in equity, shall be submitted to and be heard and decided by a Board of Arbitrators consisting of three (3) members of the Bar of Jefferson County to be selected as hereinafter provided.

   (b)  Either party in such civil suit or action, his agent or attorney, may place a case on the list of cases for trial by arbitration by filing a Certificate of Readiness in the form provided by local rule L308(b), which form is available at the prothonotary's office.

   (c)  Any such case which has been placed upon the Prothonotary's Trial List shall be removed from such list by the prothonotary and placed on the Arbitration List.

BY THE PARTIES

   2.  Cases, whether or not at issue and whether or not suit has been filed, may be placed on the Arbitration List by agreement of reference signed by counsel for both sides in the case. Said agreement of reference shall define the issues involved for determination by the board and, when agreeable, shall also contain stipulations with respect to facts submitted or agreed or defenses waived. In such cases, the agreement of reference shall take the place of pleadings in the case and be filed of record.

BY THE COURT

   3.  The Court on its own motion, or on motion of either party may, by deposition, pre-trial conference, hearing or otherwise, determine that the amount actually in controversy does not exceed Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and enter an order of reference to a Board of Arbitration in conformity with Pa.R.C.P. 1021(d).

Rule L1302.  Selection of Arbitrators Appointment of Board, Oath, and Compensation.

   1.  The Arbitration List herein referred to shall be kept and maintained by the prothonotary.

   2.(a)  The prothonotary shall keep Three (3) separate lists of attorneys qualified to serve as arbitrators in Jefferson County as follows:

   Class A--Attorneys with over 15 years membership in the Jefferson County Bar Association

   Class B--Attorneys with 7 to 15 years membership in the Jefferson County Bar Association

   Class C--Attorneys with 1 to 7 years membership in the Jefferson County Bar Association

   (b)  Within ten (10) days after a case is placed on the Arbitration List, the prothonotary shall forthwith nominate five names as follows; two (2) names from the Class A List, two (2) names from the Class B List, and one (1) name from the Class C List. The prothonotary shall, if necessary, nominate an additional name for each additional party with an adverse interest in the case.

   (c)  The prothonotary shall thereupon notify counsel for said parties of said nominations. Each party shall thereupon appear at the office of the prothonotary within five (5) days and strike off one name from the listed nominated, and if any party fails to exercise his right to strike off a name within the time stated, the prothonotary shall strike off any excess names after the first three nominated. The remaining three shall comprise the Board of Arbitration and they shall be so appointed.

   3.  The prothonotary shall make the nominations of arbitrators from each list of the members of the Bar of Jefferson County, and such nominations shall be made from such lists as set forth above, except where a particular attorney is excused by the court on account of incapacity or illness. Not more than one (1) member of a firm or association of attorneys shall be appointed to the same board, nor shall any attorney be appointed who is associated with, or who maintains a common office, in whole or in part, with any counsel of record. The first member appointed shall be the chairman of the board. Immediately after appointment of the Board of Arbitrators the prothonotary shall notify them in writing of their appointment and shall notify counsel of record. In case any attorney is disqualified, or fails to act, the prothonotary, on praecipe of counsel, shall appoint the next attorney on the same class list to fill such vacancy. Any attorney disqualified or stricken off in a case shall be put at the head of the list of attorneys available for the next case.

   4.  The arbitrators shall be sworn or affirmed to justly and equitably try all matters submitted to them. The oath may be administered by any person authorized to administer oaths.

   5.(a)  Each member of a Board of Arbitrators, who has signed a report or files a minority report, shall receive as compensation for services a fee of Two Hundred ($200.00) Dollars for cases involving three (3) hours or less, plus Fifty ($50.00) Dollars for each hour over three (3) hours of hearing time. (Companion cases heard together count as one for purposes of this rule.)

   (b)  The chairman shall receive as compensation for the duties as chairman an additional sum of Fifty ($50.00) Dollars, notwithstanding that a case be settled or discontinued after a time for hearing has been fixed, but before the hearing is held.

   (c)  In cases involving unusual complexity, the court, on petition of the members of the board and for cause shown, may allow additional compensation.

   (d)  Compensation shall be paid by the County of Jefferson upon a voucher, approved for payment by the prothonotary; provided, however, that in making payment of such compensation, the county shall pay to the treasurer of the Jefferson County Bar Association Fifteen ($15.00) Dollars of the compensation otherwise due an arbitrator for services rendered in a particular case.

Rule L1303.  Hearing. Notice.

   1.(a)  The chairman of the board of arbitrators shall within ten (10) days after the board has been appointed, set a date and time for the arbitrators' hearing and shall notify the parties, or their counsel, in writing, not less than thirty (30) days before the hearing, of the time and place of hearing. Hearings shall be held in the Jefferson County Courthouse, unless the parties by agreement shall designate another place and the arbitrators concur in such designation.

   (b)  The arbitrators, for cause shown, may continue a hearing to a definite date fixed by them.

   (c)  The Arbitration Court List will set forth all of those cases for which boards of arbitrators have been appointed but no hearings have yet been held. Cases listed on said Arbitration Court List shall be heard and disposed of within sixty (60) days from the date of appointment of the board, except by leave of court upon good cause shown.

Rule L1304.  Conduct of Hearing. Generally.

   1.(a)  The arbitrators shall not be required to make a record of the proceedings before them. If any party shall, by writing filed with the chairman five (5) days before the hearing, request a record, the arbitrators shall provide a reporter and cause a record to be made. The party requesting the same shall pay the cost thereof and shall deposit with the arbitrators the sum of One Hundred ($100.00) Dollars to secure payment. The arbitrators may at any time that they deem the circumstances demand it require an additional deposit. Any surplus shall be returned by the arbitrators to the party depositing it. The deposit shall not be considered costs in the case.

   (b)  When a panel of arbitrators shall be assembled, they shall be sworn or affirmed to justly and equitably try all matters properly at issue and submitted to them by any person having authority to administer oaths, or in the absence of such person by one of their number.

   (c)  The Board of Arbitration, or a majority of the members thereof, shall conduct the hearing before them with due regard to the law and according to the established rules of evidence and they shall have the general powers of a Court, including, but not limited to the following powers:

   (1)  To issue subpoenas to witnesses to appear before the Board and to secure an attachment according to the practice of the Courts for failure to comply therewith;

   (2)  To compel the production of all books, papers and documents which they shall deem material to the case;

   (3)  To administer oaths or affirmations to witnesses, to determine the admissibility of evidence, to permit testimony to be offered by depositions and to decide the law and the facts of the case submitted to them.

Rule L1305.  Bills and Reports as Evidence in Arbitration Hearings.

   1.  In actions before arbitrators involving personal injury, the following bills and reports may be offered and received in evidence, without further proof, for the purpose of proving the value and reasonableness of the charges for services, labor and materials, items contained therein, or opinions contained therein, and where applicable, the necessity for furnishing the same, on condition that thirty (30) days written notice prior to the day set for arbitration has been given to the adverse party or parties, or their attorneys, accompanied by a copy of the bills or reports to be offered in evidence, unless counsel for the adverse party shall notify counsel of the claimant in writing no later than two (2) weeks prior to the day set for hearing that the value and reasonableness of the charges are disputed or the opinions given in any reports are disputed:

   (a)  Hospital bills on the official letterhead or billhead of the hospital when dated and itemized;

   (b)  Bills of doctors and dentists, when dated and containing a statement showing the date of each visit and the charge therefor, and accompanied by a statement of the correctness and reasonableness of the charges, and that the service rendered was, in his opinion, necessary and casually connected with the incident involved.

   (c)  Medical and psychological reports documenting the treatment and prognosis of a patient as well as any opinions as to the condition of a patient.

   (d)  Bills of registered nurses, licensed practical nurses or physical therapists, when dated and containing an itemized statement of the days and hours of service and the charges therefor, and accompanied by a statement of the nurse or physical therapist of the correctness and reasonableness of the charges and that the services rendered were in his or her opinion necessary.

   (e)  Bills for medicine, eye glasses, prosthetic devices or similar items, when accompanied by a letter from the supplier stating that the charge is correct, reasonable, and represents the market value of the item or items referred to therein.

   (f)  In actions involving damage to property, repair bills and estimates, when identified and itemized setting forth the charges for labor and material may be offered and received in evidence without further proof, for the purpose of proving the value and reasonableness of the charges, on condition that thirty (30) days written notice prior to the day set for arbitration has been given to the adverse party or parties or their attorney.

   2.  The President Judge shall have full supervisory powers with regard to any questions that arise in all arbitration proceedings and in application of these rules.

   3.  Witness fees in any case referred to said Board of Arbitration shall be in the same amount as now or hereafter provided for witnesses in trials in the Court of Common Pleas of Jefferson County and the costs in any cases shall be paid by the same party or parties by whom they would have been paid had the case been tried in the Court of Common Pleas of Jefferson County.

Rule L1306.  Report and Award.

   1.  The board of arbitrators shall make its report and render its award promptly upon conclusion of the hearing unless a question of law arises which requires briefing in which case an extra 45 days can be taken. The report shall state where the hearing was held, what counsel were present, the names of witnesses heard, shall contain an award, either for the plaintiff or for the defendant, in a form similar to the verdict of a jury, shall be signed by the board of arbitrators, or majority of them, and shall be transmitted to the prothonotary. The decision of the majority shall be the decision of the board of arbitrators.

Rule L1307.  Docketing and Notice of Report and Award.

   1.  The prothonotary shall mail or otherwise forward copies thereof to all parties or their counsel. The Prothonotary shall make a note of the report and award on the docket and file the original report with the papers of the case.

   2.  The report and award, unless appealed from as herein provided, shall be final and shall have all the attributes and legal effect of a verdict. If no appeal is taken within the time allotted therefore, the successful party or his counsel may enter judgment on the award upon praecipe after which execution process may be issued such judgment as in the case of other judgments.

Rule L1308.  Appeals.

   1.  Any party may appeal from the award of the Board of Arbitration to the Court of Common Pleas of Jefferson County. The right to appeal shall be subject to the following conditions, all of which shall be complied with within thirty (30) days after the award to the Board if filed with the prothonotary:

   The appellant shall pay all record costs accrued to the time of taking the appeal, including the arbitrator's fees and shall file with the prothonotary a notice of appeal, and serve a copy thereof upon the adverse party or his counsel; the appellant also shall file an affidavit that the appeal is not taken for delay, but because he believes an injustice has been done.

Rule L1311.  Procedure After Appeal.

   1.  All appeals shall be de novo.

   2.  In the event of an appeal from the award or decision of the Board of Arbitrators, the Arbitrators shall not be called as witnesses as to what took place before them in their official capacity as Arbitrators upon any hearing de novo.

Rule L1920.51. (Revised 5/15/97)

APPOINTMENT OF FAMILY LAW MASTER IN DIVORCE AND ANNULMENT OF MARRIAGE AND ANCILLARY PROCEEDINGS

   (a)  In all divorce and annulment of marriage proceedings where a responsive pleading has been filed raising an issue which Pa.R.C.P. 1920.51 authorizes to be heard by a master, the prothonotary shall forthwith refer the case to the Jefferson County Family Law Master. Within thirty (30) days thereafter, the master shall schedule a preliminary conference with the parties and their counsel to explore the possibility of resolving the issues in dispute without further litigation. As to those issues that cannot be resolved at preliminary conference, the master shall establish a timetable for the progress of the litigation and shall proceed to promptly hold such hearings as are necessary to determine the unresolved issues. Upon concluding a hearing on a particular issue or issues, the master shall report to the Court as provided in Pa.R.C.P. 1920.53.

   (b)  Before setting the time and place of taking testimony, the master shall examine the pleadings and determine the formal sufficiency and regularity of the proceedings and the question of jurisdiction. If defective in any fatal particular, he shall so report to the Court and at the same time notify counsel. If defective in a particular curable by amendment, he shall notify counsel and suspend further action for a reasonable period of time to enable the necessary correction to be made. Upon the expiration of said period without such correction having been made, he shall make a report to the Court, applying for instructions as to further action on his part. When satisfied of the formal sufficiency and regularity of the proceedings and the existence of jurisdiction, or when directed by the Court to proceed, he shall appoint the time and place of taking testimony and proceed with action.

   (c)  Before proceeding to take testimony with respect to a contested claim for divorce and/or a question of distribution of marital property, the master shall verify that the fees specified in subsection (d) of this Rule have been paid into the Court, unless the master determines that the payment of said fees is not necessary before holding the hearing.

   (d)  Except as provided in subsection (c), whenever a party in a divorce case requests that an evidentiary hearing be held to hear a claim for divorce and/or distribution of marital property, said moving party shall deposit the sum of $1000.00 with the prothonotary to be applied to payment of the master's fees and stenographic costs. Said deposit shall be applied first to the stenographic costs and thereafter to the master's fees at the rate to be established annually by the Court.

   (e)  In all cases in which the master shall be of the opinion that the amount of money on deposit for the master's fees and stenographic costs is not sufficient, the master shall make a request in writing to the Court for the allowance of additional compensation and/or stenographic costs. Upon the presentation of such request, the Court will issue a rule upon the parties to show cause why the requested additional allowance should not be granted.

[Pa.B. Doc. No. 97-903. Filed for public inspection June 6, 1997, 9:00 a.m.]


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