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PA Bulletin, Doc. No. 98-562

THE COURTS

FRANKLIN AND FULTON COUNTIES

Adoption of Civil Action Rule 39-1302; Miscellaneous Docket

[28 Pa.B. 1750]

Order of Court

   March 19, 1998, the following Civil Action Rules are amended for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, both the Franklin and Fulton County Branches: 39-1302 and 39-1303, to be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

JOHN R. WALKER,   
President Judge

Rule 39-1302. Filing for Arbitration, Selection of Arbitration Panels, Scheduling.

39-1302.1 Filing for Arbitration.

   a.  After the case is at issue in the Franklin County Branch, a praecipe for arbitration shall be filed with the Prothonotary by either party to an action with the appropriate filing fee.

   b.  A true copy of such praecipe shall be served by the filing party on the other party not more than seven days following the date of the filing.

   c.  At the time of the filing of the praecipe, the Prothontary shall assign the new available arbitration date which shall be not less than forty days following the date of filing.

   d.  No more than one case shall be assigned to each available date.

39-1302.2 Selection and Composition of Arbitration Panels.

   a.  The Court Administrator shall divide the members of the Bar into three groups based on seniority in the Bar.

   b.  Commencing 1998, in October of each year the Court Administrator shall select one member from each group to create panels of three arbitrators each. The most senior member of each panel shall serve as the Chairman thereof.

39-1302.3 Arbitration Dates and Schedule.

   a.  Each year arbitrators shall be scheduled for each Friday which is a business day.

   b.  The first arbitration panel picked shall serve on the first arbitration date for the following year with subsequently selected panels serving on the succeeding arbitration dates.

   c.  The Court Administrator shall submit the list of panels and arbitration dates to the Court not later than the second Monday of each October for the entry by the Court of an order confirming the same.

   d.  Following the entry of such order, the Court Administrator shall promptly serve notice of the same upon all members of the Bar.

39-1302.4

   After a case is at issue in Fulton County, a panel of three (3) attorneys from Fulton County shall be appointed, the most senior of whom shall be the chairman. It is the responsibility of the chairman to schedule the hearing pursuant to 39th Judicial District C.R. 39-1303.1.

39-1302.5

   If for any reason it is not possible to fill a panel of three (3) arbitrator's in Fulton County, the Court Administrator shall randomly select additional names from the attorneys in Franklin County.

39-1302.6

   In Fulton County cases the chairperson shall fix the date, time and place of hearing. The date set for the hearing shall not be more than sixty (60) days nor less than thirty (30) days after the appointment of the Board. Requisite notice of the date, time and place of the hearing shall be given by the Chairperson by regular mail, to the parties' attorneys of record, or to the parties if no attorney has appeared for them.

Rule 39-1303. Notice.

39-1303.1.

   In all cases at issue in the 39th Judicial District, at least five (5) days prior to the hearing, each party shall provide the members of the panel other than the Chairperson with copies of all pleadings and appearances filed by that party. This may be done either personally, by deposit into the Courthouse mail receptacle of the member or by ordinary first class mail.

   Copies of the pleadings to be furnished pursuant to this Rule need not be true and attested, signed or verified.

[Pa.B. Doc. No. 98-562. Filed for public inspection April 10, 1998, 9:00 a.m.]


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