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PA Bulletin, Doc. No. 24-256

THE COURTS

Title 255—LOCAL COURT RULES

BRADFORD COUNTY

Local Rules; Rule 1301 Amendment; No. 2024IR0013

[54 Pa.B. 1044]
[Saturday, March 2, 2024]

Order

 And Now, this 12th day of February, 2024, Bradford County Court of Common Pleas Local Rule 1301 is amended to establish the amount in controversy to be submitted to compulsory arbitration be consistent with 42 Pa.C.S.A. § 7361.

 The Bradford County District Court Administrator is Ordered and Directed to do the following:

 1) File one (1) copy of the amended local rule 1301 with the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

 2) Forward two (2) paper copies and one (1) electronic copy in a Microsoft Word format to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Publish the local rules on the court's website after publication in the Pennsylvania Bulletin.

 4) Forward one (1) paper copy and/or (1) electronic copy in a Microsoft Word format for the publication Bradford County Law Journal.

 5) File one copy of the local rules in the appropriate filing offices for public inspection and copying.

 6) The effective date of the local rule shall be April 1, 2024 or 30 days after publication in the Pennsylvania Bulletin whichever occurs first.

By the Court

MAUREEN T. BEIRNE, 
President Judge

Local Rule 1301. Cases for Submission to Compulsory Arbitration.

 A. Compulsory arbitration as authorized by Section 7361 of the Judicial Code, 42 Pa.C.S.A. Section 101, et seq, shall apply to all civil cases, except actions in equity, where the amount in controversy, exclusive of interest and costs, shall be fifty thousand dollars ($50,000.00) or less, including appeals from a civil judgment of a district justice. Such actions shall be submitted to and heard by a board of arbitration consisting of three attorneys.

 B. The amount in controversy generally will be determined by the pleadings or by an agreement of the attorneys, however, the Court, on its own motion or on the motion of any party, may determine, based upon affidavits, depositions, stipulations of counsel or after hearing or review of the record, that the amount actually in controversy does not exceed fifty thousand dollars ($50,000.00) and may enter an order certifying the case to a board of arbitration. In the event that a case within the arbitration limits is consolidated with a case involving more than the arbitration limits after the former has been referred to a board of arbitrators, the order of consolidation shall remove the same from the jurisdiction of the board of arbitrators.

 C. A civil action shall be referred to arbitration by Order of Court or when any party or its counsel (1) files a praecipe with the Prothonotary, certifying that the pleadings are closed and the matter is ready for arbitration and (2) pays the appropriate listing fee. A copy of the arbitration praecipe shall immediately be delivered to the Court Administrator and all other counsel.

 D. Cases subject to compulsory arbitration will not be scheduled for a pre-trial conference, however, all cases will come under the caseflow control of the Court Administrator.

[Pa.B. Doc. No. 24-256. Filed for public inspection March 1, 2024, 9:00 a.m.]


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