Rescission and Adoption of Local Rule L1301 Compulsory Arbitration--Cases to be Submitted; No. 99-2528
[30 Pa.B. 225]
Administrative Order No. 12-1999
And Now, this 16th day of December, 1999, it is hereby
Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Rescinds Local Rule of Civil Procedure L1301 promulgated July 1, 1993.
It Is Further Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Adopts Local Rule of Civil Procedure L1301 governing cases to be submitted to Compulsory Arbitration.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania 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 Order and Rule in the Prothonotary's Office.
By the Court
JOHN P. LAVELLE,
Rule L1301. Compulsory Arbitration--Cases to be Submitted.
(a) Except as provided hereunder, all cases having an amount in controversy, exclusive of interest and costs, of twenty-five thousand ($25,000) dollars or less shall be assigned to the Compulsory Arbitration Program of the Court of Common Pleas of Carbon County.
(b) The amount in controversy shall be determined from the initial Complaint. The Court may, on its motion or upon the motion of any party, strike from the trial list and certify for compulsory arbitration any cases which the Court determines should have been on the arbitration list in the first instance.
(c) The following cases or claims shall not be assigned for compulsory arbitration:
(i) cases involving title to real estate;
(ii) any other case type or claim which may be excluded from time to time by Order of the Court on its own motion or upon the motion of any party.
[Pa.B. Doc. No. 00-56. Filed for public inspection January 7, 2000, 9:00 a.m.]
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