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PA Bulletin, Doc. No. 05-698




Rules of the Court of Common Pleas; No. 4 of 2005 Rules Doc.

[35 Pa.B. 2273]

Order of Court

   And Now, to-wit, this 29th day of March 2005, pursuant to action of the Board of Judges, the following Amended Local Rule 1301 affecting the Civil Division of the Court of Common Pleas is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Amended Local Rule 1301

   (3)  A board of arbitrators may not enter an award in favor of any party in excess of $25,000.

   Note: While a board of arbitrators may hear a lawsuit in which the pleading of a defendant or an additional defendant claims an amount in excess of $25,000, the award of the board of arbitrators may not exceed $25,000.

   (4)  If a party files a counterclaim or a cross-claim seeking an award in excess of $25,000, any party may file a petition to transfer the entire case to the General Docket.

   Existing Local Rule reads as follows:

Local Rule 1301. Scope

   (1)  The following civil actions, proceedings and appeals or issues therein where the demand is for $25,000 or less (exclusive of interest and costs) shall first be submitted to and heard by a board of three members of the bar of the Court:

   (a)  Assumpsit cases, except;

   (i)  Where an accounting is demanded.

   (b)  Trespass cases, except:

   (i)  Where 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 action against Commonwealth parties).

   (c)  Replevin without bond and Replevin with bond once bond has been set by the Court.

   (d)  Appeals from final judgments of the minor judiciary.

   (e)  Matters transferred to compulsory arbitration by the Court even though the original demand may have exceeded $25,000 (exclusive of interest and costs).

   (2)  Actions, proceedings appeals or matters other than those set forth in *(1) shall not be submitted to, transferred by a Court to, heard or determined by a Board of Arbitrators appointed under 42 Pa.C.S. § 7361.

[Pa.B. Doc. No. 05-698. Filed for public inspection April 15, 2005, 9:00 a.m.]

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