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PA Bulletin, Doc. No. 20-1447

THE COURTS

Title 255—LOCAL COURT RULES

CLINTON COUNTY

Local Rules; No. 29 January Term 1976

[50 Pa.B. 5842]
[Saturday, October 24, 2020]

Order

 And Now, this 2nd day of October, 2020, It Is Hereby Ordered as follows:

 1. Current Local Rule No. 1301.2 is Rescinded.

 2. The following Local Rule No. 1301.2 is Adopted by this Court and shall be effective thirty (30) days after being published in the Pennsylvania Bulletin.

 3. The Clinton County Judicial Law Clerk is Ordered and Directed to:

 (a) Distribute this Order and the following Local Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin by emailing a copy of this Order to bulletin@palrb.us and sending two (2) certified copies to:

 Legislative Reference Bureau
 Pa. Code & Bulletin Office
 647 Main Capitol Building
 Harrisburg, PA 17120-0033

 (b) Cause to be removed from this Court's website Local Rule No. 1301.2 and replace said Local Rule on this Court's website with the following Local Rule within thirty (30) days after the publication in the Pennsylvania Bulletin.

By the Court

CRAIG P. MILLER, 
President Judge

Rule 1301.2. Arbitrators.

 (A) All members of the Clinton County Bar unless a member has requested to be removed shall constitute the Board of Arbitrators and all members shall act as arbitrators. No two (2) members from the same firm or office, or related by blood or marriage, shall serve on the same board, unless this requirement is waived in writing by all parties in interest or their counsel.

 (B) The Prothonotary shall maintain, in alphabetical order, a list of all members of the Clinton County Bar who have not requested in writing to be removed from the list of the Board of Arbitrators. Upon the filing of a praecipe for arbitration or pursuant to an Order of Court, the Prothonotary shall submit a list of five (5) names to the plaintiff or the attorney for plaintiff. In the event there are additional parties to the proceeding, the Prothonotary shall add an additional name for each additional party. This list shall be in the order in which the names are on the list of the Prothonotary, passing those members who are disqualified to the next qualified member. The plaintiff may strike one (1) member from the list and shall return the list to the Prothonotary within thirty (30) days of the Prothonotary forwarding the list the plaintiff. The Prothonotary shall then forward the list to the defendant. The defendant may likewise strike one (1) member from the list and shall return the list to Prothonotary within thirty (30) days of the Prothonotary forwarding the list to the defendant. In the event of an additional party or parties, the Prothonotary shall forward the list to the additional party or parties after the defendant has returned the list to the Prothonotary or waived the right to strike. Each additional party shall return the list to the Prothonotary within thirty (30) days of the Prothonotary forwarding the list to the additional party.

 (C) In the event a party does not exercise the right to strike within thirty (30) days of the list being served upon that party's attorney or if proceeding pro se, the party, then the party shall have been deemed to have waived the right to strike and the Prothonotary shall forward the list to next party having the right to strike a member from the list with the Prothonotary noting on the list that the said party has waived the right to strike pursuant to this local rule due to said party's failure to return the list to the Prothonotary exercising that party's right to strike.

 (D) The first three (3) remaining members shall constitute the Board and the first shall be the chairperson. Any stricken member, as well as any disqualified member, shall, in alphabetical order, be at the head of the list for the next and/or subsequent cases.

[Pa.B. Doc. No. 20-1447. Filed for public inspection October 23, 2020, 9:00 a.m.]


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