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PA Bulletin, Doc. No. 98-1745

THE COURTS

Title 255--LOCAL COURT RULES

SCHUYLKILL COUNTY

Rules of Civil Procedure

[28 Pa.B. 5338]

   And Now, this 2nd day of October, 1998, at 2:30 p.m., the Court hereby amends Schuylkill County Civil Rules of Procedure 1303(a) and Rule 1305(a) and (b) for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). These rules shall be effective thirty days after publication in the Pennsylvania Bulletin.

   The Prothonotary of Schuylkill County is Ordered and Directed to do the following:

   1)  File ten (10) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.

   2)  File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3)  File one (1) certified copy of this Order and Rule with the Pennsylvania Civil Procedural Rules Committee.

   4)  Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.

   5)  Keep continuously available for public inspection copies of this Order and Rule.

By the Court

WILLIAM E. BALDWIN,   
President Judge

Rule 1303.  Hearing, Notice and Continuances.

   (a)  The scheduled dates for arbitration, which will generally consist of two consecutive days, shall be set forth on the annual court calendar as compiled by the Court Administrator, as well as such other dates as may be ordered by the President Judge as caseloads warrant. The Court Administrator shall designate the place, time, and specific date for hearings, and give at least 30 days written notice thereof to the arbitrators, the parties, or their attorneys of record. The Notice shall include the following language:

   ''The matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''

Rule 1305.  Conduct of Hearing/Evidence.

   (a)  The matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge. A party is present if the party or an attorney who has entered an appearance on behalf of the party attends the hearing.

   (b)  Where all parties are present, the chairman of the board of arbitration shall be responsible for the conduct of the hearing. The chairman shall make preliminary rulings on objections and evidentiary matters, which shall be binding unless overridden by a majority of the board of arbitration.

[Pa.B. Doc. No. 98-1745. Filed for public inspection October 23, 1998, 9:00 a.m.]


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