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PA Bulletin, Doc. No. 13-343

THE COURTS

Title 255—LOCAL
COURT RULES

ADAMS COUNTY

Amendment of Rules of Civil Procedure 1302 and 1303; Administrative Order No. 4 of 2013

[43 Pa.B. 1173]
[Saturday, March 2, 2013]

Order of Court

 And Now, this 12th day of February, 2013, the Court hereby Orders that Rules 1302 and 1303 of the Adams County Rules of Civil Procedure shall be amended as follows:

Rule 1302(b). Motion for Appointment. Service. Conflicts.

 A. Any party to a case, after the pleadings are closed or an agreement to arbitrate has been filed, may request the appointment of a board of arbitrators by written motion. Included in the motion shall be the names of all attorneys who, to the movant's knowledge, may have a conflicting interest in the case. A motion failing to contain this information will not be scheduled for hearing. The motion shall have a proposed Order in the form prescribed by Local Rule 1303 attached to the front of the motion that shall provide spaces for the names of the board members to be inserted when appointed by the Court. [The motion shall be accompanied by two copies of the pleadings filed by the moving party, or by two copies of the agreement to refer the case to arbitration.] If the parties believe the matter involves complex litigation the motion shall so state and the parties shall comply with Local Rule 1303(A)(2).

 [B. The party moving for the appointment of a board of arbitrators shall serve a copy of the motion on all other parties, or their counsel, before the motion is filed with the Prothonotary. Proof of service shall be filed with the motion.

 C. Notification of conflicts. Upon receipt of a motion for the appointment of a board of arbitrators, the parties or their counsel shall notify the Court Administrator of the names of all the attorneys who may have a conflicting interest in the case.]

Rule 1302(c). [Selection and Appointment of the Board.] Distribution of Pleadings.

 [After a motion for the appointment of a board of arbitrators has been received by the Court, the Court Administrator shall select three eligible attorneys to serve on the board and present an Order for appointment to the President Judge or the Judge to whom the case is assigned. Unless otherwise indicated, the person named first in the Order appointing the board shall be the chair.]

 The original files may be acquired from the Prothonotary on the date of the hearing by the Chairman of the Board. Electronic copies of the pleadings shall be distributed to all members of the board by the Prothonotary via electronic distribution no earlier than forty-five (45) days prior to the scheduled hearing nor later than thirty (30) days prior to the scheduled hearing.

 Note: See Adams County Rule of Judicial Administration No. 5.0 about removing papers from the Prothonotary's Office.

Rule 1302(d). [Copies of Pleadings and Distribution of Pleadings.] Arbitrators' Fees.

 [Upon receipt of the Order appointing a board of arbitrators, the other parties shall promptly provide to the Prothonotary's office two copies of all pleadings that they have filed in the case. The chair of the board of arbitrators shall receive the original file. The copies of the pleadings shall be distributed to the other members of the board by the Prothonotary.

 Note: See Adams County Rule of Judicial Administration No. 5.0 about removing papers from the Prothonotary's office.]

 A. Fees paid to the arbitrators for their services shall be set by Administrative Order of the Court.

 B. In the event that a case is settled, withdrawn or terminated within forty-five (45) days of a scheduled hearing date but before the hearing date, the board shall not be required to file a report and award. The board members shall be entitled, however, to one-half of the arbitration fees. In such instance, the Court Administrator, upon notice from the Prothonotary that a praecipe has been filed, shall certify the settlement, withdrawal or termination of the case to the Controller so that the said fees may be paid.

[Rule 1302(e). Arbitrators' Fees.

 A. Fees paid to the arbitrators for their services shall be set by Administrative Order of the Court.

 B. In the event that a case settled, withdrawn or terminated after the board of arbitrators has been sworn but before the case is scheduled for hearing, the board shall not be required to file a report and award. The board members shall be entitled, however, to one-half of the arbitration fees and the Prothonotary shall certify the settlement, withdrawal or termination of the case to the County Treasurer so that the said fees may be paid.]

Rule 1303. Hearing.

 A. Schedule. [The chair of the board shall set the time, date and place of the arbitration hearing. A copy of the notice of the hearing shall be provided to the Court Administrator.]

 1. The Court Calendar shall have at least two days in each month scheduled for arbitration hearings. Each hearing shall commence at either 8:15 a.m., 10:15 a.m., 12:30 p.m., or 2:30 p.m. Arbitration hearings shall be scheduled for one of the designated arbitration days by Court Administration. Unless by Order of the Court of Common Pleas of Adams County, no hearing shall be scheduled within 90 days of the date that notice of hearing is provided to the parties. A party requesting that a matter be listed for arbitration shall provide notice of the request to the Court Administrator's Office concurrent with the filing of the request with the Prothonotary. The request to list a matter for arbitration shall identify all counsel involved in the litigation or who may otherwise have a conflict in serving as an arbitrator.

 2. If the matter involved in the arbitration is anticipated to involve complex issues of law or lengthy evidence presentation, the Court, through written notice to Court Administration, shall be advised of the same. If the party moving to list the case for arbitration hearing believes the matter to involve complex litigation, the party shall so advise the Court in writing at the time the request for arbitration hearing is filed and shall include in the request the anticipated length of hearing. If the non-moving party anticipates complex litigation, the non-moving party shall advise the Court in writing of the same within seven (7) days of receipt of notice from the moving party of the request to list for arbitration hearing. An untimely request to list the matter as a complex case shall be denied as untimely.

 In the event either party identifies the arbitration as one involving a complex case, if appropriate, the Court shall specially appoint a board of arbitrators and have the matter specially set by Court Administration. The Court reserves the right to deny a party's request to have the matter specially set as a complex case.

 3. If the case is settled before the hearing date, plaintiff's counsel shall, prior to the date of the scheduled hearing, file with the Prothonotary a praecipe to settle, discontinue and/or satisfy the action. Failure to do so may subject counsel, in the sole discretion of the Court, to sanctions including imposition of all costs of arbitration. Upon receipt of a praecipe to settle, discontinue and/or satisfy an action, the Prothonotary shall immediately notify Court Administration of the same.

 B. Continuance. [A continuance of the scheduled hearing may be granted by the chair. The party requesting the continuance shall have the duty to coordinate a new time, date and place for a hearing with the arbitrators and with the other parties or their counsel. The party requesting the continuance shall also prepare notices of the rescheduled hearing with postage pre-paid envelopes and deliver them to the chair for signature and delivery. Nothing in this rule shall prohibit a party from seeking a continuance from the Court if it is refused by the chair.] A continuance of the scheduled hearing may only be granted by the Court of Common Pleas upon motion filed with the Court. All continuance requests must be filed at least 60 days prior to hearing absent exceptional circumstances. Unless compelling interests of justice require otherwise, untimely requests for continuance shall be denied.

 C. Hearing.

 [When the board is convened for hearing, and if one or more parties is not present, any party who is present may request the Court Administrator to arrange a hearing before a Judge. The Court Administrator will attempt to schedule a hearing before a Judge on the same date as scheduled for hearing before the board. Upon consent of all parties present and the Judge before whom the hearing is scheduled, a Judge shall hear the case and enter a decision.]

 1. Unless a party advises the Court in writing that the matter for arbitration is a complex case requiring additional time for the presentation of evidence, each party to an arbitration shall be limited to one hour to present argument and evidence to the board of arbitrators. A party anticipating rebuttal testimony may reserve time from their initial presentation for the presentation of rebuttal testimony. No hearing shall exceed two hours from beginning to conclusion unless the matter is identified as a complex case.

 2. Upon filing the report and award with the Prothonotary, the Prothonotary shall provide notice of the same to Court Administration in order to initiate payment to the arbitrators.

 D. Notice. When a hearing is initially scheduled by Court Administration, notice of the hearing, as required by Pennsylvania Rule of Civil Procedure 1303, shall be provided to the parties or their attorneys of record. The notice shall be in the following form:

 AND NOW, this _____ day of ______ , 20 __ , upon consideration of the within Petition, the Court does hereby appoint ______ , Esquire, ______ , Esquire, and ______ , Esquire as arbitrators in the above-captioned matter.

 An arbitration hearing is scheduled for ______ at ____ in Conference Room 307C on the third floor of the Adams County Courthouse.

 It is further Ordered that the sum of $650 be paid by the County of Adams to the arbitrators in accord with the provisions of Local Rule 1302(d) upon certification by the Court Administrator to the Controller of the County that the report and award of the arbitrators has been filed.

 At the arbitration hearing before the arbitrators, each party shall be limited to one hour to present the party's evidence to the board of arbitrators. The Plaintiff may reserve a period of time to present rebuttal testimony, however, a party's total presentation shall not exceed one hour. If a party believes that it will require more than one hour to present the party's case, a written motion to have the matter specially set as a complex litigation must be filed within seven days of the date of this Order with the Adams County Court of Common Pleas. A party's failure to request the matter be specially set as a complex litigation shall be deemed as an agreement by the party to limit its presentation of evidence as set forth herein.

 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.

 E. Failure to Appear. When a board is convened for a hearing, and if one or more parties is not present, any party who is present may request Court Administration to arrange a hearing before a Judge assigned to hear arbitration matters. Court Administration will then schedule a hearing before a Judge on the same date as scheduled for hearing before the board. Upon consent of all parties present, the Judge shall hear the case and enter a decision. Notwithstanding the foregoing, it will remain with the sound discretion of the assigned Judge whether the Judge shall hear the matter at that time.

 F. Appointment of Board. Upon receipt of a petition to list a matter for hearing before a board of arbitrators, Court Administration shall schedule a hearing to be held at a time not sooner than 90 days from the date of the scheduling order. In all cases other than complex cases, arbitrators shall be assigned by arbitration dates rather than specific cases. Separate boards will be appointed for either morning or afternoon sessions. At least 45 days prior to a scheduled arbitration date, Court Administration shall notify the entire arbitration panel as to the specific cases to be held on that date. Court Administration shall further notify the Prothonotary's Office of the same who, in turn, will electronically forward the respective case files to the assigned arbitrators. In the event arbitration hearings are not scheduled for a specific date, Court Administration shall notify the panel of arbitrators of the same within the time period set forth herein.

 This rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. It is further directed that:

 a. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;

 b. Seven (7) certified copies of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa. R.J.A. No. 103(c)(2); and

 c. Two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b) containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

By the Court

MICHAEL A. GEORGE, 
President Judge

[Pa.B. Doc. No. 13-343. Filed for public inspection March 1, 2013, 9:00 a.m.]


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