Dauphin Cnty. C.P. Rule 1303 - Listing of a Case. Notice. Location. Continua...

RULE 1303 LISTING OF A CASE. NOTICE. LOCATION. CONTINUANCES.

(a) (1) When a case is READY IN ALL RESPECTS for arbitration, a party may

file an original and one copy of a Certificate of Readiness with the

Prothonotary in accordance with the timelines established in the Annual

Court Calendar. The Prothonotary shall forward all original Certificate of

Readiness forms to the Court Administrator’s Office. The Chair of the

arbitration panel shall prepare the list of cases and send the list of cases

to all attorneys, self-represented parties involved in the cases, as well as

to Court Administration. The Certificate of Readiness shall contain the

following statement:

“This matter will be heard by a Board of Arbitrators at the time, date,

and place specified by the Chair of the panel 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.

A hearing under the provisions of this notice shall be heard by the

Arbitration Judge if his/her schedule so permits.”

(2) At least thirty days prior to filing a Certificate of Readiness, a party or

attorney must notify all other parties or attorneys of the intention to list, as

well as inquire as to any conflicts the other parties or attorneys may

have with the arbitration panel scheduled for the term. The listing

party or attorney must certify on the Certificate of Readiness that no

conflicts exist with the arbitration panel. Failure to certify shall

result in the rejection of the Certificate of Readiness.

(3) All hearings shall be in the Dauphin County Courthouse unless otherwise

agreed to in writing by the parties or attorneys and the Court

Administrator.

(4) The Certificate of Readiness form is available in the Prothonotary’s

Office, in the Court Administrator’s Office and online at the Dauphin

County website (www.dauphincounty.org). Parties filing a Certificate of

Readiness form must ensure that the most current form is utilized. Failure

to utilize the most current form shall result in the rejection of the Certificate

of Readiness.

(b) Continuances

(1) The original and one copy of a pleading designated as an Application for

Continuance shall be filed with the Prothonotary. The Prothonotary shall

immediately forward the original to the Court Administrator’s Office and

8-6-18

retain the copy in the file. The Court Administrator’s Office shall forward

the Application to the Arbitration Chair if the case is less than two years

old. If the case is more than two years old, the Court Administrator’s

Office shall forward the Application to the Arbitration Judge. Applications

for Continuance shall be served concurrently upon all other parties. No

continuance shall be granted if filed less than ten days prior to the

beginning of the arbitration term except in the most extraordinary

circumstances. A courtesy copy of the Application shall be sent to the

Arbitration Chair.

(2) The Application for Continuance shall certify that all other parties do or do

not concur in the request.

(3) If all parties concur, and the case is less than two years old, the panel

Chair shall approve the Application for Continuance and file an order

continuing the matter and directing the parties to file a Certificate of

Readiness for a subsequent term.

(4) If a party does not concur, and the case is less than two years old, the

panel Chair shall convene a telephone conference among all parties, and

shall make a decision on the Application for Continuance. The Chair shall

then inquire if any aggrieved party wishes to appeal the matter to the

Arbitration Judge.

(a) If a party indicates an intention to contest the decision of the panel

Chair, an Application for Continuance shall thereafter be presented

to the Arbitration Judge, reciting the date the Application for

Continuance was presented to the panel Chair, the date of the

conference call, the names of the attorneys and parties who

participated in the call, and the panel Chair’s decision.

(b) If no party indicates an intention to contest the decision of the panel

Chair, the panel Chair shall file an order with the Prothonotary

indicating the decision.

(5) Only one request for continuance will be granted for cases less than two

years old, and none shall be granted for those over two years old,

except with leave of court for cause shown.

8-6-18