Amendment of Civil Procedure 1303--Arbitration Hearing and Notice; No. 04-1727
[39 Pa.B. 513]
[Saturday, January 31, 2009]
Administrative Order No. 7-2009
And Now, this 16th day of January, 2009, it is hereby Ordered and Decreed that, effective March 1, 2009, Carbon County Rule of Civil Procedure CARB.R.C.P. 1303 governing the Hearing and Notice in arbitration cases be and is hereby Amended as attached hereto.
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 in the Prothonotary's Office.
By the Court
ROGER N. NANOVIC,
Rule 1303--Hearing. Notice.
Notice of the appointment of arbitrators and the date, time and place of arbitration in accordance with Pa.R.C.P. 1303 shall be made by the Prothonotary's Office. The Notice shall include the following language: ''The matter will be heard by a board of arbitrators at the time, date, and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.''
All continuance requests must be filed no later than seven (7) days before the scheduled Arbitration hearing. The attorney/party must notify all other attorneys/pro se parties and members of the panel of the granting of the continuance motion. In the event such notice is not provided and a panel member appears, the defaulting party shall be responsible for paying the panel member the current arbitration fee of $150.00. Any continuances requested within the seven (7) days of the scheduled Arbitration hearing shall require the personal appearance of the attorney/pro se party before the Judge to explain the extenuating circumstances necessitating the late filing.
Any appointed arbitrator must notify Court Administration of their inability to serve within ten (10) days of the scheduled event so that a suitable replacement can be secured.
If a case is settled less than two (2) days before the Arbitration hearing, one of the attorneys/pro se parties must appear before the Board of Arbitrators and have an Award entered by agreement. If it is settled more than two (2) days before the Arbitration hearing, Plaintiff's attorney/Plaintiff must file a praecipe to strike the case from the arbitration list because the case is settled and must notify all other attorneys/pro se parties and the panel members. In the event counsel fails to appear and advise the Board of the settlement award or to provide such notice and a panel member appears, the defaulting party shall be responsible for paying the panel member the current arbitration fee of $150.00.
[Pa.B. Doc. No. 09-149. Filed for public inspection January 30, 2009, 9:00 a.m.]
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