THE COURTS
CRAWFORD COUNTY
In the Matter of the Amendment of Crawford County Civil Rules of Court; No. AD-2008-1807
[38 Pa.B. 6145]
[Saturday, November 8, 2008]
Order And Now, October 6, 2008 it is ordered as follows:
1. Existing local Crawford County Civil Rules Cra.R.C.P. 1302 and 1303 are rescinded.
2. Local Crawford County Civil Rules Cra.R.C.P. 1302 and 1303 are revised and amended as set forth on the attached exhibit.
3. The Court Administrator of Crawford County shall:
a. File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.
b. Forward two certified copies of this order, with the diskette, with the Legislative Reference Bureau for publication in The Pennsylvania Bulletin.
c. File one (1) certified copy of this order with the Pennsylvania Civil Procedural Rules Committee.
d. Keep continuously available for public inspection copies of this order.
4. The Prothonotary of Crawford County shall keep continuously available for public inspection copies of this order.
5. This order shall become effective thirty (30) days after publication in The Pennsylvania Bulletin or on January 1, 2009 whichever occurs last.
By the Court
GORDON R. MILLER,
President Judge
COMPULSORY ARBITRATION Rule 1301. Arbitration.
(1) Cases Subject to Arbitration.
All cases which are at issue where the amount in controversy shall be twenty-five ($25,000) thousand dollars or less, exclusive of interest and costs, shall be submitted to and heard by a Board of Arbitrators consisting of three (3) members or one (1) member of the Bar in active practice in this County.
In all cases where a party has obtained a judgment by default, said party may elect to have unliquidated damages assessed at a trial by arbitration with the issues limited to the amount of damages which shall not exceed twenty-five ($25,000) thousand dollars. The election to assess damages by arbitration shall constitute a waiver by the party making such election of any damages in excess of $25,000.
(2) Arbitration by Stipulation.
By agreement signed by the parties or their counsel, the parties may agree to submit a case to arbitration. Such agreement shall define the issues and contain such stipulation as to facts, admissions, or waivers of defenses or proofs as are agreed upon.
(3) Exceptions.
These rules shall not apply to the following actions:
(a) Ejectment
(b) Quiet Title
(c) Replevin--except by Order of Court
(d) Mandamus
(e) Quo Warranto
(f) Mortgage Foreclosure
(g) Actions requiring Equitable or Declaratory Relief
(4) Compensation of Board.
(a) Each member of a Board of Arbitration shall receive as compensation a fee in an amount as set by the Court from time to time by special order. Where hearings exceed 1/2 day, the arbitrators may petition the Court for additional compensation, which may be granted for cause shown.
(b) In the event that a case shall be settled or withdrawn or otherwise terminated by or between the parties before the board members have attended any hearing, the attorney for the plaintiff(s) in such case shall file a praecipe with the Prothonotary, requesting that the board so appointed be vacated. A copy of the praecipe shall be given to the Court Administrator.
(5) Procedure for Payment.
Where the arbitrators are entitled to a fee, the Prothonotary shall certify to the County Commissioners and to the County Treasurer the names of the members of the Board and an Order for payment. The County Commissioners and Treasurer shall pay the applicable fee to each member of the Board. Such fees shall not be taxed as costs.
Rule 1302. List of Arbitrators. Appointment to Board. Oath.
(1) Eligibility to Serve as Arbitrators.
Only persons actively engaged in the practice of law in Crawford County shall be eligible to serve as arbitrators. For purposes of this rule, persons ''actively engaged in the practice of law'' are persons who regularly maintain a law office in Crawford County for the practice of law. That shall include part-time assistant public defenders and part-time assistant district attorneys. Excluded are the chief public defender, the district attorney, and full time assistant public defenders and full-time assistant district attorneys. Only persons admitted to the practice of law for at least five (5) years are eligible to serve as chair of the Board of Arbitrators, or as sole arbitrator.
(2) List of Arbitrators.
The Court Administrator shall, on or before January 1 of each year, compile a list of persons eligible to serve as arbitrators and a list of persons eligible to serve as chair of Boards of Arbitrators, or as a sole arbitrator.
(3) Selection of Board.
A party wishing to have an arbitration hearing shall file a Praecipe for Arbitration with the Prothonotary and simultaneously serve a copy on the Court Administrator. A Praecipe for Arbitration shall contain a certificate of service indicating service upon all other parties and the date of service.
(a) Selection Method.
The Court Administrator shall select the first three (3) available attorneys in alphabetical order from the list maintained by the Court Administrator. The first member named who is eligible to be chair shall be chair of the board; or
(b) Sole Arbitrator.
A sole arbitrator may be selected to adjudicate the case by agreement of all parties. The award shall have the same effect as that of a three (3) person panel. The Court Administrator shall select the sole arbitrator.
(4) Notification of Appointment and Objections.
The Prothonotary shall file the appointment of the Board of Arbitrators and shall deliver a copy thereof to the chair and to each party or their counsel of record. Attorneys must sign their qualifications within five (5) business days after their appointment. The Prothonotary shall approach the President Judge if attorneys have not signed their qualification within said period of time. Any party may object to the composition of the Board of Arbitration at this point only for good cause shown. The filing of such objections shall operate as a stay of proceedings. The party filing such objections shall serve a copy thereof upon all other parties or their counsel and shall give notice of intention to present the objections to Motions Court. Failure to file such objections within five (5) days of delivery of notice of the appointment shall operate as a waiver thereof.
(5) Companion Cases.
The Court Administrator shall appoint the same Board to serve as arbitrators in any companion case.
(6) Vacancies on Board--Prior to Hearing.
An attorney appointed to the Board of Arbitrators who desires to be excused must file a motion with the Prothonotary, with a copy to the Court Administrator, at least ten (10) days prior to the date of the arbitration hearing and must set forth adequate reasons in support of said motion. Upon approval of the motion by the Court, the Court Administrator shall make an appointment to fill that vacancy. Should a member of the Board fail to attend the hearing, a member of the Board shall notify the Court Administrator who shall immediately vacate that appointment and make an appointment to fill that vacancy.
(7) Post-Hearing Vacancies.
Should a vacancy on the Board of Arbitration occur after hearing but before an award is signed by all arbitrators, or should a member of the board fail or refuse to perform his/her duties, the award shall be signed and filed by the remaining members of the Board. If they are unable to agree, they shall notify the Court Administrator who shall appoint a third member. Thereafter, the arbitrators may in their discretion schedule a rehearing for the new Board, which shall thereafter file an award.
Rule 1303. Hearing. Notice.
(1) Scheduling of Hearing.
The Court Administrator shall fix the date, time and place of arbitration hearings, which shall be held within sixty (60) days after appointment of the Board of Arbitrators and shall be held at the Crawford County Courthouse.
(2) Notice.
Notice of the hearing shall be in writing and mailed to all unrepresented parties by certified mail, return receipt requested, and counsel for represented parties by regular mail at least thirty (30) days prior to the hearing date, all in accordance with Pa.R.C.P. 1303. Arbitrators shall be notified by regular mail or email.
(3) Continuances.
The Board of Arbitrators shall have the power to grant one continuance for good and sufficient reason before the hearing convenes and shall immediately reschedule the hearing for a time not more than thirty (30) days beyond the date set for the original hearing. A party requesting further continuances must file a motion with the Court in keeping with Cra.R.C.P. 208.3 governing motions practice.
(4) Compliance with Time Requirements.
The Court expects arbitrators and parties to comply with all time limits governing arbitration. Any arbitrator or party who believes the arbitrators or any other party are not following any time limits or time requirements governing arbitrations may file a motion with the Court for relief. The Court may sanction those who do not comply with the arbitration time requirements.
Rule 1304. Conduct of Hearing. Generally.
The Board or Arbitrators shall have no power to allow amendment of pleadings, the addition or substitution of parties, nor rule on preliminary objections, motions for judgment on the pleadings or motions for summary judgment.
Rule 1305. Conduct of Hearing. Evidence.
(1) Pretrial Exchange of Information.
In all cases subject to compulsory arbitration, the parties shall exchange the following information at least twenty (20) days prior to the arbitration hearing:
(a) A copy of all expert reports, including those from physicians, whom the party expects to call as a witness at the arbitration. These shall include the substance of the facts, findings or opinions of the expert, as well as a summary of the grounds or reasons for each opinion. The report must be signed by the expert.
(b) Names and addresses of all witnesses the party expects to call.
(c) Copies of all exhibits the party intends to use at the arbitration, with the designation of those documents to be produced pursuant to Pa.R.C.P. 1305.
If timely production is not made of any of the information required above, such evidence may be excluded by the arbitrators.
(2) Rulings on Objections.
Initially, all rulings on objections to evidence or on other issues which arise during the hearing shall be made by the Chair of the Board of Arbitrators and such rulings shall be final unless objected to by one of the other arbitrators. In the latter instance, the arbitrators shall consult and vote and the final ruling shall be that of the majority.
(3) Release of Exhibits.
Following the hearing and entry of award, the Chair of the Board of Arbitrators shall release the exhibits to the party that offered them.
Rule 1306. Award.
The arbitrators shall file their award within seven (7) days after the completion of the arbitration hearing. Arbitrators who fail to file the award as required by this rule may forfeit their fees. The arbitrators may consider the subject of damages for delay after an award has been made in accordance with Pa.R.C.P. 238. Any such delay damages shall be added to the principal amount awarded, but shall be separately stated on the report and award.
[Pa.B. Doc. No. 08-2011. Filed for public inspection November 7, 2008, 9:00 a.m.]
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