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PA Bulletin, Doc. No. 98-246

THE COURTS

Title 255--LOCAL COURT RULES

BRADFORD COUNTY

Rule of Civil Procedure No. 1301

[28 Pa.B. 795]

Order

   And Now, this 28th day of January, 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 [ sixteen thousand dollars ($16,000.00) ] 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 when either party or its counsel files a praecipe with the prothonotary.

   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.

[Pa.B. Doc. No. 98-246. Filed for public inspection February 13, 1998, 9:00 a.m.]


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