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PA Bulletin, Doc. No. 09-1657

THE COURTS

Amendment to Rule of Civil Procedure 1302; Selection and Compensation of Arbitrators

[39 Pa.B. 5231]
[Saturday, September 5, 2009]

Order

 And Now, this 20th day of August, 2009, Monroe County Rule of Civil Procedure 1302 is hereby amended as indicated in the attachment (amendment noted in Italics) and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. The Court Administrator is directed to:

 1. file seven (7) certified copies of the within Order and amended local rule with the Administrative Office of Pennsylvania Courts;

 2. forward two (2) certified copies and a disk containing text of the amended local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 3. forward one (1) certified copy to the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania;

 4. forward one (1) copy to the Monroe County Legal Reporter for publication.

 Copies shall be kept continuously available for public inspection in the Office of the Monroe County Prothonotary, the Office of the Court Administrator and the Monroe County Law Library.

By the Court

RONALD E. VICAN, 
President Judge

Rule 1302—Selection and Compensation of Arbitrators.

 1. The attorneys admitted to the Bar of the Court shall constitute a list of members qualified to act as arbitrators. The Court Administrator shall select from said list three (3) arbitrators for each action; the chairperson shall have been a member of the Bar of this Court for least five (5) years.

 2. If any attorney wishes to be replaced as an arbitrator in any particular hearing, the attorney shall request replacement by letter directed to the Court Administrator at least seven (7) days before the scheduled hearing, except where excused by the Court for exigent circumstances. In the event that an attorney, without leave of Court, fails to serve as an arbitrator after having been notified of his appointment by mail by the Court Administrator, the attorney may be subject to sanctions.

 3. The Court Administrator shall mail a copy of the notice of appointment to each attorney of record and to each arbitrator appointed. In the event that any party is not represented by an attorney, the Court Administrator shall send such copy to the party at his last known address. The address of the unrepresented party is to be furnished to the Court Administrator when the attorney files the praecipe for arbitration.

 4. The President Judge or his designee shall have the power to grant continuances and all applications for continuances shall be in motion form as set forth in Rule 206.1(a) and 208.2(d) and filed at least seven (7) business days prior to the date of the hearing.

 5. If a party fails to appear, no default judgment shall be entered. The arbitrators shall proceed to hear the case and enter an appropriate award upon the conclusion of the evidence. The arbitrators shall in all respects comply with Pa.R.C.P. 1303, 1304, 1305, 1306.

 6. The compensation for each member of the Board of Arbitrators to be paid by the County shall be established from time to time by the Court. When more than one hearing becomes necessary, additional amounts may be allowed at the discretion of the Court upon petition by the Chairperson on behalf of the Board. If there is concurrence, the motion shall include a certification that all participants are in concurrence with the motion and shall set forth a hearing date mutually agreed upon by counsel, the parties and the arbitrators.

[Pa.B. Doc. No. 09-1657. Filed for public inspection September 4, 2009, 9:00 a.m.]

 


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