[31 Pa.B. 3874]

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COURT OF COMMON PLEAS OF MONROE COUNTY
43RD JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA

___________________________	No.  ______   ______
___________________________	PRAECIPE FOR ARBITRATION 43 J.D.R.C.P. 1301
vs.
___________________________
___________________________

TO THE PROTHONOTARY OF SAID COURT:
ARBITRATION NO.  ______

         Appoint arbitrators in the above case
(      )  Amount in controversy is $25,000.00 or less.
(      )  The case has been at issue more than thirty days.
(      )  Order of the Court.
(      )  Judgment has been entered Sec Leg, Assessment of Damages only.
(      )  Estimated time required for hearing is  ______  hours.
(      )  There is Companion Case No.  ______   ______
(      )  Other

This case is to be tried by and notices sent to:

_________________
_________________

Attorney(s) for Plaintiff(s) or Pro Se Plaintiff	Attorney(s) for Defendant(s) or Pro Se Defendant
___________________________	___________________________
Address	Address
___________________________	___________________________
Phone Number	Phone Number

I CERTIFY that all preliminary objections have been finally determined; that I have completed all discovery and know of no discovery on the part of opposing counsel which will delay a hearing; that the moving party and witnesses are available and ready to proceed.

I CERTIFY that a copy of this praecipe has been provided to the following by the moving party.

Name:	Address:
___________________________	___________________________
___________________________	___________________________
Dated:  _________________  20____	___________________________
	Attorney for the

RULE 1302--SELECTION AND COMPENSATION OF ARBITRATORS.

   1.  The attorneys admitted to the Bar of the Court shall constitute a list of members qualified to act as arbitrators. The Court Administrator shall select from said list three (3) arbitrators for each action; the chairperson shall have been a member of the Bar of this Court for at least five (5) years.

   2.  If any attorney wishes to be replaced as an arbitrator in any particular hearing, the attorney shall file a motion with the Court at least seven (7) days before the scheduled hearing, except where excused by the Court for exigent circumstances. In the event that an attorney, without leave of Court, fails to serve as an arbitrator after having been notified of his appointment by mail by the Court Administrator, the attorney may be subject to sanctions.

   3.  The Court Administrator shall mail a copy of the notice of appointment to each attorney of record and to each arbitrator appointed. In the event that any party is not represented by an attorney, the Court Administrator shall send such copy to the party at his last known address. The address of the unrepresented party is to be furnished to the Court Administrator when the attorney files the praecipe for arbitration.

   4.  The President Judge or his designee shall have the power to grant continuances and all applications for continuances shall be in motion form as set forth in Rule 206A/B and filed at least seven (7) business days prior to the date of the hearing.

   5.  If a party fails to appear, no default judgment shall be entered. The arbitrators shall proceed to hear the case and enter an appropriate award upon the conclusion of the evidence. The arbitrators shall in all respects comply with Pa.R.C.P. 1303, 1304, 1305, 1306.

   6.  The compensation for each member of the Board of Arbitrators to be paid by the County shall be established from time to time by the Court. When more than one hearing becomes necessary, additional amounts may be allowed at the discretion of the Court upon petition by the Chairperson on behalf of the Board. If there is concurrence, the motion shall include a certification that all participants are in concurrence with the motion and shall set forth a hearing date mutually agreed upon by counsel, the parties and the arbitrators.

Court of Common Pleas of Monroe County
43RD Judicial District
Commonwealth of Pennsylvania

NO.

VS.

OATH OF ARBITRATORS

   NOW, The                             day of                   , 200  , we, the undersigned, having been named Arbitrators in the above cause, do hereby swear that we will hear the evidence and allegations to the parties, justly and equitably try all matters in variance submitted to us, determine the matters in controversy, make an award, and transmit the same to the Prothonotary within twenty days of the date of hearing the same.

Sworn to and subscribed before me

This  ______  day of  ______	___________________________ Chairman
_________________
	___________________________ Panelist
	___________________________ Panelist
Appearing for Plaintiff  _________________
Appearing for Defendant  _________________

REPORT AND AWARD OF ARBITRATORS

   AND NOW, the  ______  day of  ______ , 200  , we the undersigned arbitrators chosen in the above case, after having been duly sworn, and having heard the evidence and allegations of the parties, do award and find for the:  __________
 
__________
 
__________
in the sum of:  __________
 

Hearing held:  _________________

Substitution of Arbitrators as follows:  __________
 
__________
_________________
Chairman

_________________
Panelist
_________________
Panelist

RULE 1311--PROCEDURE ON APPEAL

   An appeal taken from an award shall be duly listed for trial. The attorney taking the appeal shall file a praecipe for trial within thirty days and the Prothonotary shall note the fact that an appeal is from arbitration on each appeal action appearing on the trial list.

Minors as Parties

RULE 2039--COMPROMISE SETTLEMENT AND PHYSICIAN'S STATEMENT OF EXTENT OF INJURY.

   In cases involving personal injury, a written statement by the attending physician as to the nature and extent of the minor's injuries, the present condition, and prognosis shall be annexed to said petition, and no compromise order shall be entered by the Court unless said minor shall have appeared in court or shall have been excused from such appearance by the Court.

   A copy of any contingent fee agreement shall be made available for inspection by the Court prior to the distribution of any fees and shall be annexed to the settlement petition.

Incompetents as Parties

RULE 2064--COMPROMISE SETTLEMENT AND PHYSICIAN'S STATEMENT OF EXTENT OF INJURY.

   In cases involving personal injury, a written statement by the attending physician as to the nature and extent of the incapacitated person's injuries, the present condition, and prognosis shall be annexed to said petition, and no compromise order shall be entered by the Court unless said incapacitated person shall have appeared in Court or shall have been excused from such appearance by the Court.

   A copy of any contingent fee agreement shall be made available for inspection by the Court prior to the distribution of any fees and shall be annexed to the settlement petition.

Actions for Wrongful Death

RULE 2206--SETTLEMENT, COMPROMISE, DISCONTINUANCE AND JUDGMENT NOTICE TO THE DEPARTMENT OF REVENUE CONTENTS OF THE PETITION DEPARTMENT'S RESPONSE.

   A.  When a petition is presented seeking an order permitting a compromise of a claim, whether in suit or not, by an estate or when a petition is presented pursuant to Pa.R.C.P. 2206, the Court shall set a date for hearing. Petitioner shall provide a copy of the petition and notice of the hearing date to the Office of Chief Counsel, Department of Revenue, Commonwealth of Pennsylvania, at least twenty-one (21) days prior to the hearing date.

   B.  Said petition shall contain the following information:

   1.  the extent, if any, of the decedent's conscious pain and suffering resulting from the incident giving rise to the decedent's claim;

   2.  a copy of an accident report, if available;

   3.  the medical expenses incurred resulting from the incident giving rise to the decedent's claim;

   4.  name, age, relationship to decedent, and the extent of financial dependence upon decedent of wrongful death beneficiaries of decedent;

   5.  Non-minor decedent's probable future earned income less cost of maintenance discounted to present worth (attach supporting economist's report, if available).

   C.  Counsel for the Department of Revenue shall notify the petitioner's counsel at least seven (7) days prior to the hearing date whether or not the Department agrees with the proposed apportionment.

Substitution of Parties

RULE 2353--SERVICE BY PUBLICATION.

   If the residence and whereabouts of such successor is not known, notice shall be given by publication as provided by Rule 430.

Confession of Judgment for Money

RULE 2959--PROCEDURE FOR PETITION TO OPEN OR STRIKE-OFF JUDGMENT-DEPOSITIONS.

   Where a petition is filed to open a judgment, the petitioner shall within thirty (30) days from the time the rule to show cause issues proceed to the taking of depositions where the allegations raise questions of fact which make such steps necessary; unless the petitioner within thirty (30) days schedules the taking of depositions, the petition to open judgment may be stricken from the record upon written motion of any party.

RULE 3252.b--ORGANIZATION NAMED IN NOTICE OF WRIT OF EXECUTION.

   The name, address and telephone number of the organization to be set forth in the notice attached to a writ of execution shall be:

MONROE COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
913 MAIN STREET
P. O. BOX 786
STROUDSBURG, PA 18360
(570) 424-7288

Discovery

RULE 4005--LIMITATION ON NUMBER OF INTERROGATORIES.

   Except upon leave of Court or agreement of the parties, interrogatories, including subpart thereto, shall not exceed twenty-five (25) in number.

RULE 4007.1--OBJECTIONS AT ORAL DEPOSITIONS.

   1.  Counsel making an objection during an oral deposition shall state the word ''objection'' and state the legal basis for the objection.

   2.  Any amplification of the objection, or argument of the objection, shall take place only after the witness has been excused from the deposition room. Argument shall be on the record unless all counsel agree to go off record. The witness shall return to the deposition room only after argument has been completed.

   3.  An instruction by counsel for a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition pending presentation of the propriety of the instruction not to answer to a judge. Counsel shall make every effort to contact a judge by telephone to promptly present the issue raised by the instruction not to answer.

RULE 4017.1--OBJECTIONS AT VIDEOTAPE DEPOSITIONS.

   1.  When counsel makes an objection, he or she shall merely state the word ''objection'' and request that the video operator stop the videotape. Any arguments on objections shall be made on the written transcript but off camera.

   2.  Once the video is stopped, counsel should first summarize the reasons for the objection in a word or phrase. Counsel may then proceed with argument on the transcript and off the camera or may merely state the summary grounds for the objection. Arguments should be brief, and should consist of no more than the reason for the objection, an answer to the reason for the objection, and brief rebuttal. If requested by Counsel for any party, the witness must leave the deposition room while the arguments are made.

   3.  Counsel shall review the transcript together before presentation to the trial judge to resolve whatever objections can be resolved. They shall present to the judge a list by page and line of the objections that still need rulings at the time of the pretrial conference.

RULE 4017.D--FILING OF CERTIFICATE OF DEPOSITION.

   (1)  Upon completion of the stenographic transcription of any deposition, the stenographer before whom the deposition has been taken shall prepare a Certificate of Deposition which shall be filed with the Prothonotary by the moving party. The Certificate of Deposition shall contain the following information and shall substantially conform to the form shown in Appendix A:

   (a)  the name(s) of the person(s) deposed;

   (b)  that the witness was duly sworn;

   (c)  the total number of pages in each deposition;

   (d)  the date, time, and place deposition was taken;

   (e)  the counsel present at deposition; and

   (f)  the name of counsel who has received the original transcription and copies thereof.

   (2)  The Prothonotary shall promptly file the certificate and record its filing on the docket.

   (3)  Custody and responsibility for original deposition. This responsibility shall remain with the attorney who has received the original transcription until the case is terminated or the deposition has been filed pursuant to paragraph (4) herein.

   (4)  The attorney having custody of the original deposition shall forthwith file the entire original deposition with the Prothonotary whenever filing is directed by the Court.

(APPENDIX A)

COURT OF COMMON PLEAS OF MONROE COUNTY

FORTY-THIRD JUDICIAL DISTRICT

COMMONWEALTH OF PENNSYLVANIA

CAPTION

CERTIFICATE OF DEPOSITION

   I certify that on the  _____  day of  ______ , 200  , the following person(s) appeared before me and gave deposition under oath:

NAME:	NO. OF PAGES:
_________________
_________________
Further, I certify that counsel listed below were present at the deposition and that distribution was made by me as indicated:
NAME:	ORIGINAL OR COPY:
_________________
_________________
	_________________ Stenographer/Reporter
	Date:  _________________

[Pa.B. Doc. No. 01-1301. Filed for public inspection July 20, 2001, 9:00 a.m.]

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