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PA Bulletin, Doc. No. 00-471

THE COURTS

Title 255--LOCAL COURT RULES

BUTLER COUNTY

Rescission and Adoption of Local Rules of Court Governing Compulsory Arbitration; Civil Division, MsD. 00-40026

[30 Pa.B. 1509]

Administrative Order of Court

   And Now, this 2nd day of March 2000, the Court hereby Orders Local Rules of Civil Procedure L 1301, L 1302, L 1302.1, L 1303, and L 1304, as promulgated by Order of Court dated January 11, 1982, and amended by Orders of Court dated May 12, 1988 and July 27, 1992, are Rescinded effective thirty (30) days after publication of the within Local Rules of Civil Procedure, as set forth in the Pennsylvania Bulletin.

   The Court further Orders Local Rules of Civil Procedure L 1300, L 1301, L 1302, and L 1303, governing cases to be submitted to compulsory arbitration, as set forth below are Adopted effective thirty (30) days after publication of the within Local Rules of Civil Procedure in the Pennsylvania Bulletin.

   The Court Directs the Court Administrator to do the following:

   1.  File seven (7) certified copies of this Administrative Order and the within Local Rules of Civil Procedure with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies of this Administrative Order and the within Local Rules of Civil Procedure and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy of this Administrative Order and the within Local Rules of Civil Procedure with the Pennsylvania Civil Procedure Rules Committee.

   4.  Forward one (1) copy of this Administrative Order and the within Local Rules of Civil Procedure to the Judicial Council of Pennsylvania Statewide Rules Committee for purposes of its unification project.

   5.  Forward one (1) copy of this Administrative Order and the within Local Rules of Civil Procedure for publication in the Butler County Law Journal.

   6.  Forward one (1) copy of this Administrative Order and the within Local Rules of Civil Procedure to the Butler County Law Library.

   7.  Keep continuously available for public inspection copies of this Administrative Order of Court and the within Local Rules of Civil Procedure in the Prothonotary's Office.

Compulsory Arbitration

Rule L 1300. Adoption.

   Pennsylvania Rules of Civil Procedure governing Compulsory Arbitration, as set forth at Pa.R.C.P. Nos. 1301--1481, shall govern all compulsory arbitrations in the Court of Common Pleas of Butler County, Pennsylvania except as provided by or modified by the Local Rules as set forth herein.

Rule L 1301.  Scope.

   (a)  These Rules apply to all Civil Actions or issues that shall be submitted to compulsory arbitration pursuant to Section 7361 of the Judicial Code, 42 Pa.C.S.A. § 7361, and Pa.R.C.P. No. 1301, et seq.

   (b)  A Board of Arbitrators, consisting of three (3) members of the bar actively engaged in the practice of law primarily in Butler County and selected as hereinafter provided, shall decide the following matters:

   (1)  All Civil Actions, as defined in Pa.R.C.P. No. 1001(b)(1), for money damages where the amount at issue is within the statutory arbitration limits, as provided by law and/or Order of Court. See 42 Pa.C.S.A. § 7361. The amount at issue shall be determined from the pleadings, by agreement of the parties, or the Court;

   (2)  All Civil Actions where no appearance has been entered and the plaintiff desires to have the damages assessed in an amount not to exceed the arbitration limits;

   (3)  All appeals from a civil judgment of a District Justice, except judgments for possession of real property; and

   (4)  By agreement of reference signed by the parties or their counsel. Such agreement shall define the issues and contain such stipulation as to facts, admissions or waivers of defenses or proofs as are agreed upon.

   (c)  These Rules shall not apply to the following actions:

   (1)  Action in Ejectment;

   (2)  Action to Quiet Title;

   (3)  Action in Replevin--except by Order of Court;

   (4)  Action in Mandamus;

   (5)  Action in Quo Warranto;

   (6)  Action of Mortgage Foreclosure;

   (7)  Actions upon Ground Rent;

   (8)  Foreign Attachment; or

   (9)  Fraudulent Debtors Attachment.

Rule L 1302.  List of Arbitrators. Appointment to Board.

   (a)  The Prothonotary of Butler County shall compile and maintain a list of persons eligible and willing to serve as arbitrators and a list of persons eligible and willing to serve as Chairpersons of the Board of Arbitrators. This list shall be comprised of members of the bar actively engaged in the practice of law primarily in Butler County. ''Actively engaged in the practice of law primarily in Butler County'' is defined as: persons who regularly maintain an office in Butler County for the practice of law; public defenders; assistant and deputy district attorneys; and judicial law clerks of the Court of Common Pleas of Butler County. Persons who have been determined to be eligible shall file a written consent to serve as an arbitrator or chairperson with the Prothonotary. Arbitrators and chairpersons shall be selected by the Prothonotary from those persons who have filed a consent to serve.

   (b)  Should a vacancy on the Board of Arbitrators occur prior to the hearing for any reason, or should a member of the Board fail to attend the hearing, a member of the Board shall notify the Prothonotary who shall immediately vacate that appointment and make an appointment to fill that vacancy. Should a vacancy on the Board of Arbitrators occur after the hearing takes place but before an award is signed by all arbitrators, or should a member of the Board fail to or refuse to perform his duties, the award shall be signed and filed by the remaining members of the Board. If the remaining members of the Board are unable to agree, they shall notify the Prothonotary who shall appoint a third member. Thereafter, the Prothonotary shall schedule a rehearing for the new Board, which shall thereafter file an award.

   (c)  The Board shall be chaired by a member of the bar admitted to the practice of law for at least ten (10) years.

   (d)  Each member of the Board of Arbitrators, who has been duly sworn in to hear a case, shall receive as compensation a fee in the amount set by the Court from time to time by a Special Order. In cases requiring hearings that exceed one-half day, the arbitrators may petition the Court for additional compensation, which the Court may grant for cause shown. The arbitrators shall not be entitled to receive their compensation fees until after filing a report and award with the Prothonotary. Compensation fees paid to the arbitrators shall not be taxed as costs or follow the award as other costs.

   (e)  Upon the filing of the arbitrators' report and award, or a discontinuance by the parties after the swearing of the arbitrators or an award by the Court in accordance with Pa.R.C.P. No. 1303(b), the Prothonotary shall certify such filing to the County Commissioners and to the County Controller together with the names of the sworn members of the Board of Arbitrators and submit an Order for Payment. The County Commissioners and County Controller shall thereupon pay the applicable fee to each member of the Board of Arbitrators.

   (f)  If an arbitrator fails in his duties or the Board of Arbitrators fails to file an award promptly, as required by Pa.R.C.P. No. 1306, the result will be the forfeiture of the arbitrator's fees.

Rule L 1303.  Hearing. Notice.

   (a)(1)  The Chairperson shall fix the date and time of the arbitration hearing at the Butler County Courthouse. The hearing shall be within sixty (60) days after the appointment of the Board. Not less than thirty (30) days Notice in writing of the date and time shall be given to the arbitrators and parties or their attorneys of record.

   (2)  All written Notices shall include 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)  The Chairperson of the Board of Arbitrators shall have the powers conferred upon him by law, including but not limited to the following:

   (1)  To grant continuances for good and sufficient reason before the hearing convenes. Parties shall make requests for a continuance as soon as the need arises. In the event a party requests and secures a continuance of the hearing prior to the commencement thereof, it shall be the Chairperson's duty to ascertain an appropriate date and time for a new hearing and to see that all parties and arbitrators are notified both of the continuance and the new hearing schedule. If there is a dispute as to a continuance, the issue shall be submitted to the Motion Court Judge.

   (2)  To permit the amendment of any pleading. Except for good cause shown, such an amendment must be filed in writing.

   (c)  If the Court grants a continuance of the hearing, the Court may, in its discretion, impose a reasonable fee upon the party so requesting the continuance if the Court finds the request for the continuance was not obtained in an timely fashion. The party upon whom such fees have been imposed may not, so long as such fees remain unpaid, take any further step in such arbitration without prior leave of Court. The party upon whom such fees have been imposed may not recover such fees if that party is ultimately successful in the arbitration.

By the Court

MARTIN J. O'BRIEN,   
President Judge

[Pa.B. Doc. No. 00-471. Filed for public inspection March 17, 2000, 9:00 a.m.]


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