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PA Bulletin, Doc. No. 10-1157

THE COURTS

Title 255—LOCAL
COURT RULES

CENTRE COUNTY

Centre County Rules of Civil Procedure No. 1303

[40 Pa.B. 3493]
[Saturday, June 26, 2010]

Order

 And Now, this 16th day of June, 2010, it is hereby Ordered that new Centre County Rule of Civil Procedure No. 1303 is adopted as set forth as follows:

 The Court Administrator is directed to:

 1. File one (1) certified copy of this Order and Rule with the administrative Office of Pennsylvania Courts.

 2. File two (2) certified paper copies and one (1) diskette or CD-ROM containing this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish a copy of this Order and Rule on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 4. Keep continuously available for public inspection copies of the Order and Rule in the Prothonotary and Clerk of Courts Office.

 This Order shall become effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

DAVID E. GRINE, 
President Judge

Proposed Centre County Local Rule of Civil Procedure No. 1303

Rule 1303. Notice. Hearing. Attendance. Willful Absence. Continuance Request.

 (a) Notice—Pursuant to Pa.R.Civ.P. 1303, Court Administration, or its designee, shall give to the parties or their attorneys of record and the assigned judge at least thirty (30) days notice in writing of the date, time and place of the arbitration hearing.

 (1) The written notice of hearing 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.

 A hearing under the provision of this notice shall be heard by a Judge if his/her schedule so permits.

 (b) Hearing—When the board of arbitrators is convened for the hearing, if one or more of the parties is not present or is not ready, the case shall proceed and the arbitrators shall make an award unless the Court:

 (1) orders a continuance, or;

 (2) hears the matter if the notice of arbitration contains the statement required by subsection (a)(1) of this provision and all parties present consent.

 (c) Attendance—A party is ''present'' if the party or an attorney who has entered an appearance on behalf of the party attends the hearing.

 (d) Willful Absence—A party who willfully fails to appear at any appropriately scheduled arbitration hearing may be held in Contempt of Court. Such finding and any appropriate sanction shall be in the discretion of the assigned judge.

 (e) Continuance Request—A party moving for a continuance shall notify in writing all parties, the assigned Judge and Court Administration, or its designee, of the continuance request.

[Pa.B. Doc. No. 10-1157. Filed for public inspection June 25, 2010, 9:00 a.m.]


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