THE COURTS
CARBON COUNTY
Amendment to Local Rule L1302 Governing the Selection of Arbitrators and Rule L1305 Governing Conduct of Hearing; No. 98-2338
[28 Pa.B. 6071]
Administrative Order No. 14-1998 And Now, this 23rd day of November, 1998, it is hereby Ordered and Decreed that, effective January 7, 1999, the Carbon County Court of Common Pleas hereby Amends Local Rule L1302 governing procedures for the Selection of Arbitrators and Local Rule L1305 governing procedures for the Conduct of Hearing in arbitration cases.
It is further Ordered and Decreed that seven (7) certified copies of this Administrative Order shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Pennsylvania Civil Procedural Rules Committee.
By the Court
JOHN P. LAVELLE,
President JudgeRule L1302. Selection of Arbitrators.
(1) Each attorney who is a member of the Bar of this Court, who maintains his or her principal office within Carbon County, Pennsylvania, and who expresses a willingness to serve shall be eligible for inclusion on the ''List of Arbitrators''.
(2) Each attorney who satisfies the requirements of L1302(1) and who is actively engaged in the practice of law in this Court for at least ten (10) years shall be eligible for inclusion on the ''List of Chairpersons of Boards of Arbitrators''.
(3) The composition of the board of arbitrators shall be as prescribed by Pa. R.C.P. 1302. The Court Calendar Officer shall designate a chairman and two (2) arbitrators from separate lists of attorneys selected by the Court to serve as chairman and as arbitrators respectively, and shall make necessary substitutions from said lists.
(4) If, after the board is sworn and hearing commenced, but before a decision is rendered, an arbitrator is unable to continue his services because of death, disability or a conflict of interest, or for good cause is unwilling to continue (report of which shall be made by the Court Calendar Officer to the President Judge), the case shall be decided by the remaining arbitrators. If the remaining arbitrators cannot agree, they shall so notify the Court Calendar Officer who shall then appoint a third arbitrator to rehear and decide the case jointly with them.
(5) If an arbitrator wishes to be replaced, he shall notify the Court Calendar Officer at least two (2) court days before the scheduled hearing. If an arbitrator without having given said notice fails to serve on two (2) occasions without having offered to provide a substitute, he shall be removed from the list of persons qualified to act as arbitrator until otherwise ordered by the Court.
(6) Notice of the appointment of arbitrators and the time and place of arbitration shall be given by the Court Calendar Officer in accordance with Pa. R.C.P. 1303 and served as prescribed by Pa. R.C.P. 233. 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 L1305. Conduct of Hearing.
(1) On the date fixed for the hearing, the chairman and the members of the panel shall take their oaths of office before the Prothonotary and shall organize for the hearing at least fifteen (15) minutes before the scheduled time. The panel shall conduct the hearing in accordance with Pa. R.C.P. 1304 and 1305. The chairman of the panel shall preside and see to the proper conduct of the hearing. He shall announce all rulings of a majority of the panel pertaining to the law and/or the admissibility of evidence and be responsible for the proper filing of the award. Hearings shall be held in such place as shall be designated by the Court Calendar Officer.
(2) If a hearing is held and cannot be concluded on the initial day scheduled within the time as indicated on the certificate of readiness, a continued hearing shall be scheduled by the chairman with the Court Calendar Officer and notice thereof given either at the conclusion of the hearing or as provided in Carbon Civ. L1302(4).
(3) If case is settled less than 2 days before the Arbitration hearing, one of the attorneys must appear before the Board of Arbitrators and have an Award entered by agreement. If settled more than 2 days before, Plaintiff's attorney must file a praecipe to strike case from arbitration list because case is settled and notify Panel.
(4) 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.
[Pa.B. Doc. No. 98-2020. Filed for public inspection December 11, 1998, 9:00 a.m.]
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