Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 14-2544

THE COURTS

CARBON COUNTY

Amendment of Local Rule of Civil Procedure CARB.R.C.P. 1303 Hearing Notice; No. 14-2632

[44 Pa.B. 7661]
[Saturday, December 13, 2014]

Administrative Order No. 17-2014

 And Now, this 17th day of November, 2014, it is hereby

 Ordered and Decreed that, effective January 1, 2015, the Carbon County Court of Common Pleas Amends Carbon County Rule of Civil Procedure CARB.R.C.P. 1303 governing the Hearing and Notice in Arbitration matters.

 The Carbon County District Court Administrator is Ordered and Directed to

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

 2. File two (2) certified copies and one (1) computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. File one (1) certified copy with the Civil Procedural Rules Committee.

 4. Forward one (1) copy for publication in the Carbon County Law Journal.

 5. Forward one (1) copy to the Carbon County Law Library.

 6. Keep continuously available for public inspection copies of the Administrative Order in the Prothonotary's Office.

By the Court

ROGER N. NANOVIC, 
President Judge

Rule 1303. Hearing. Notice.

 Notice of the appointment of arbitrators and the date, time and place of arbitration in accordance with Pa.R.C.P. 1303 shall be made by the Prothonotary's Office. The Notice shall include the following language: ''The 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.''

 All continuance requests must be filed no later than seven (7) days before the scheduled Arbitration hearing. The attorney/self-represented party must notify all other attorneys/self-represented parties and members of the panel of the granting of the continuance motion. In the event such notice is not provided and a panel member appears, the defaulting party shall be responsible for payment of that panel member's current arbitration fee, which is currently set at $150.00, said payment to be made by the defaulting party to the Prothonotary of Carbon County. Any continuances requested within the seven (7) days of the scheduled Arbitration hearing shall require the personal appearance of the attorney/self-represented party before the Judge to explain the extenuating circumstances necessitating the late filing.

 Except as qualified by the next sentence, any appointed arbitrator must notify Court Administration of their inability to serve within ten (10) days of the scheduled event so that a suitable replacement can be secured by Court Administration. An arbitrator who is unable to attend but for whom another member of the arbitrator's firm is able to attend should notify Court Administration no less than three (3) days before the arbitration hearing if an attorney within the same firm is going to appear for the Arbitration in place of the appointed arbitrator.

 If a case is settled less than three (3) days before the Arbitration hearing, one of the attorneys/self-represented parties must appear before the Board of Arbitrators and have an Award entered by agreement. If the case is discontinued less than three (3) days before the arbitration hearing, one of the attorneys/self-represented parties must appear before the Board of Arbitrators and provide a copy of the filed Praecipe to Discontinue. If the case is settled three (3) days or more before the Arbitration hearing, Plaintiff's attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration, a praecipe to strike the case from the arbitration list because the case is settled and must notify all other attorneys/self-represented parties and the panel members. If the case is discontinued three (3) or more days before the Arbitration hearing, Plaintiff's attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration a Praecipe to Discontinue and provide a copy of the filed Praecipe to Discontinue to all other attorneys/self-represented parties and the panel members. In the event counsel/self-represented party fails to appear and advise the Board of the settlement award or discontinuance, or to provide such notice or copy, and a panel member appears, the defaulting party shall be responsible for payment of that panel member's current arbitration fee, which is currently set at $150.00, said payment to be made by the defaulting party to the Prothonotary of Carbon County.

[Pa.B. Doc. No. 14-2544. Filed for public inspection December 12, 2014, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.