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PA Bulletin, Doc. No. 13-903

THE COURTS

Title 252—ALLEGHENY COUNTY RULES

ALLEGHENY COUNTY

Civil and Family Rule of the Court of Common Pleas; No. 109 of 2013 Rules Doc.

[43 Pa.B. 2711]
[Saturday, May 18, 2013]

Amended Order of Court

 And Now, to-wit, this 30th day of April, 2013, It Is Hereby Ordered, Adjudged and Decreed that the following Amended Rule of the Court of Common Pleas and Allegheny County, Pennsylvania, Civil and Family Division, adopted by the unanimous proxy vote of the Board of Judges on April 29th, 2013, shall be effective upon publication on the UJS webportal:

 Rule 1301 Arbitration Limit

By the Court

DONNA JO McDANIEL, 
President Judge

Local Rule 1301. Scope.

 (1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators:

 (a) Civil actions, proceedings and appeals or issues therein where the demand is for $35,000 or less (exclusive of interest and costs);

 (b) Replevin without bond and replevin with bond once bond has been set by the Court;

 (c) Appeals from final judgments of Magisterial District Judges; and

 (d) Matters transferred to Compulsory Arbitration by the Court even though the original demand may have exceeded $35,000.

 (2) The following civil actions are not subject to Compulsory Arbitration as set forth, above:

 (a) Actions seeking only an accounting;

 Note: In an action seeking both money damages and an accounting, a Board of Arbitrators may award money damages but may not order an accounting.

 (b) Actions seeking only equitable relief; and

 Note: In an action seeking both money damages and equitable relief, a Board of Arbitrators may award money damages but may not order equitable relief.

 (c) Actions in which the Commonwealth is a party defendant or an employee of the Commonwealth is a party defendant under the provisions of 42 Pa.C.S., Chapter 85B (relating to actions against Commonwealth parties).

 (3) A Board of Arbitrators may not enter an award in favor of any party in excess of $35,000 (exclusive of interest and costs).

 Note: While a Board of Arbitrators may hear a lawsuit in which any party claims an amount in excess of $35,000, the award of the Board of Arbitrators to any party may not exceed $35,000 (exclusive of interest and costs). However, with the agreement of all parties, a Board of Arbitrators may award up to the amount agreed upon in excess of $35,000 if all parties also agree that the arbitration award is final and cannot be appealed to Court.

 (4) If a party files a counterclaim or a cross-claim seeking an award in excess of $35,000 (exclusive of interests and costs), any party may file a petition to transfer the entire case to the General Docket. At the discretion of a judge, such a counterclaim or cross-claim may be severed and transferred to the General Docket.

 Effective ______

[Pa.B. Doc. No. 13-903. Filed for public inspection May 17, 2013, 9:00 a.m.]


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