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PA Bulletin, Doc. No. 98-2019

THE COURTS

Title 255--LOCAL COURT RULES

BRADFORD COUNTY

Rule of Civil Procedure No. 1301; No. 95IR000066

[28 Pa.B. 6070]

Order

   And Now, this 20th day of November, 1998, the Court hereby amends the following Bradford County Rule of Civil Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Civil Procedural Rules Committee and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.

   It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.

By the Court

JEFFREY A. SMITH,   
President Judge

Bradford County Rule of Civil Procedure 1301

1301.  Cases for Submission

   A.  Compulsory arbitration of matters as authorized by Section 7361 of the Judicial Code, 42 Pa.C.S.A. Section 101, et seq, shall apply to all civil cases wherein the amount in controversy, exclusive of interest and costs, shall be twenty thousand dollars ($20,000.00) or less, including appeals from a civil judgment of a district justice, except those involving title to real estate or actions in equity. Such actions shall be submitted to and heard by a board of arbitration consisting of three attorneys.

   B.  The amount in controversy generally will be determined by the pleadings or by an agreement of the attorneys, however, the court, on its own motion or on the motion of any party, may, based upon affidavits, depositions, stipulations of counsel or after hearing, determine that the amount actually in controversy does not exceed twenty thousand dollars ($20,000.00) and enter an order certifying the case to a board of arbitration. In the event that a case within the arbitration limits is consolidated with a case involving more than the arbitration limits after the former has been referred to a board of arbitrators, the order of consolidation will remove the same from the jurisdiction of the board of arbitrators.

   C.  A civil action will be referred to arbitration by order of court or when either party or its counsel files a praecipe in substantially the form attached, with the prothonotary certifying that the pleadings are closed and the matter is ready for arbitration. A copy of the arbitration praecipe shall immediately be delivered to the Court Administrator by the Prothonotary. The party filing the praecipe shall immediately serve all other counsel and unrepresented parties.

   D.  Cases subject to compulsory arbitration will not be scheduled for a pre-trial conference. Such cases will, however, come under the caseflow control of the court administrator.

1301.1.  Agreement of Reference.

   Cases, whether or not in litigation and regardless of the amount in controversy, may be heard by a board of arbitration upon agreement of counsel for all parties in the case. Such agreement shall be evidenced by a writing signed by counsel for all sides and shall be filed with the prothonotary, who will forward a copy to the court administrator. Said agreement shall define the issues involved for determination by the board of arbitrators and may contain stipulations with respect to facts.

1302.  Selection of Arbitrators.

   A.  The Court Administrator shall maintain a Master List of Arbitrators consisting of attorneys actively engaged in the practice of law primarily in Bradford County. The Master List shall be maintained in alphabetical order, except for those submitted at a later date in which case they shall be added chronologically based upon the date of application. The Master List shall indicate the Attorney's name, Bar Admission Date and firm or association name.

   B.  The Court Administrator shall assign each case for which praecipes have been received to an Arbitration Board consisting of three (3) members chosen from the Master List. At least one Arbitrator shall have practiced law for at least three (3) years. No two members shall be appointed from the same firm or association of attorneys, nor shall an attorney be appointed to a Board who shall be related by blood or marriage or who shall be a law partner or an associate of any arbitrator or attorney of record in the case. Any attorney who shall be disqualified for appointment to a Board for any of the foregoing reasons shall be appointed to another Board for which he shall not be disqualified.

   C.  The Court of Common Pleas will establish the amount and method of compensation for arbitrators. The members of the board shall not be entitled to receive their fees until a report and award has been filed with the Prothonotary. A payment request shall be forwarded to the Court Administrator by the Prothonotary upon the entry of an award so that payment may be processed.

1303.  Hearing. Notice.

   A.  The Court Administrator shall fix a time, date, and place of hearing in accordance with the annual court calendar and shall notify the Arbitrators, all counsel of record, and unrepresented parties. The Hearing notice shall contain the following statement: ''This 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.''

   B.  All requests for continuances shall be in writing in the form set forth by local rule and submitted to the Court Administrator. Continuances which have been submitted less than seven (7) days prior to the date of hearing shall not be granted, except for the most compelling reasons and, in those instances, consideration will be given to requiring the party requesting the continuance to pay the Board of Arbitrator fees. Any continuance request that the hearing be rescheduled beyond the month in which it was originally scheduled must be accompanied by a relist payment of $15.00 or a receipt attached verifying payment of the relist fee.

1308.  Arbitration Appeal.

   An appeal from an award of arbitrators shall be filed in the Office of the Prothonotary in duplicate. The copy of said appeal shall be transmitted immediately to the Court Administrator. The Court Administrator shall schedule a pre-trial conference on the case immediately following receipt of said copy and shall send notice thereof to counsel of record and unrepresented parties.

1312.  Award.

   A.  The oath or affirmation shall be administered by the Prothonotary.

   B.  The Arbitration Report and Award shall be in the form set forth in Rule 1312 of the Pennsylvania Rules of Civil Procedure.

IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA

   VS.   NO:
__________

PRAECIPE FOR APPOINTMENT OF ARBITRATORS

TO THE PROTHONOTARY OF SAID COURT:

   The undersigned requests you to appoint a Board of Arbitrators and certifies that:

1. ____  The amount in controversy is $ ____

2. ____  The pleadings are closed.

3. ____  An agreement of reference has been filed of record.

4. ____  Estimate of hearing time required.

Record appearances have been entered for:

   Plaintiff by

   Defendant by
_________________
Attorney for ______

[Pa.B. Doc. No. 98-2019. Filed for public inspection December 11, 1998, 9:00 a.m.]


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