Northumberland Cnty. C.P. Scope of Procedure

RULE 1301 SCOPE OF PROCEDURE.

(a) All civil cases, where the amount in controversy (exclusive of all interest and costs0

is less than the compulsory arbitration amount for fourth class counties as set forth

in the Judicial Code [42 Pa. C.S.A. 7361 (b)], including claims or mechanics liens and

all appeals from a civil judgement of a Magisterial District Judge, excepting those

involving title to real property and those involving equitable or other than monetary

relief, shall be submitted to compulsory arbitration.

(b) In addition, cases, whether or not at issue and without regard to the amount in

controversy, may be referred to a Board of Arbitrators by an agreement of reference

signed by all of the parties and their counsel. The agreement of reference may

contain stipulations as to facts agreed upon or defenses waived. In such cases, the

agreement of reference shall take the place of the pleadings and shall be filed of

record.

(c) The Court, on its own motion or on the motion of either party at pre-trial settlement

conference, after depositions, after hearing or otherwise, may determine that the

amount actually in controversy does not exceed the compulsory arbitration amount

as set forth at 42 Pa. C.S.A. §7361(b) and may enter an order of reference to a Board

of Arbitration.

RULE 1302 LIST OF ARBITRATORS, APPOINTMENT OF BOARD, OATH.

(a) A list of available arbitrators shall be prepared annually by the Court Administrator,

consisting of members of the bar actively engaged in the practice of law in the 21st

Judicial District and who have not notified the Court Administrator in writing of his

or her desire not to participate as an arbitrator.

(b) The Court Administrator shall appoint from said list three members to each Board of

Arbitrators, at least one of whom shall have been admitted to the practice of law

before the Supreme Court of Pennsylvania for more than five years prior to his or

her appointment.

(c) Each Board shall be chaired by the member senior in years admitted to the practice

of law in the 21st Judicial District.

(d) Not more than one member or associate of any firm or association of attorneys shall

be appointed to the same Board.

COMPULSORY ARBITRATION

(e) A member of a Board who will be disqualified for any reason that would disqualify a

judge under the Code of Judicial Conduct shall immediately withdraw as an

arbitrator. Any request for recusal of an appointed Board member shall be

submitted to the Office of the Court Administrator within seven days of the

appointment of the arbitrator setting forth specifically the reason the Board

member should not act an arbitrator. The Court Administrator shall immediately

contact that member of the Board with regard to the request for recusal, and the

Board members shall advise the Court Administrator as to whether or not voluntary

withdrawal as an arbitrator will take place. In the event that the arbitrator does not

voluntarily withdraw, the request for recusal shall be transmitted to the Court for

appropriate action.

(f) Members of the Board of Arbitration will generally be assigned to a panel for a

period of one day. The chairperson and each associate member of the panel shall

receive the payment rate established by the President Judge. Fees to arbitrators

shall not be taxed as costs nor follow the award as other costs.

RULE 1303 HEARING, NOTICE AND CONTINUANCES.

(a) The scheduled date for arbitration, which will generally consist of two consecutive

days, shall be set forth on the annual court calendar as compiled but the Court

Administrator, as well as such other dates as may be ordered by President Judge as

caseloads warrant. The Court Administrator shall designate the place, time, and

specific date for hearings, and give at least 30 days written notice thereof to the

arbitrators, the parties, or their attorneys of record. 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 trial de novo on appeal from a decision

entered by a judge.”

(b) When a case is at issue, the case may be ordered upon the next available arbitration

list by filing with the Prothonotary an arbitration certificate of readiness on or

before 45 days preceding the next arbitration schedule. The Prothonotary shall

promptly serve the certificate upon the Court Administrator. The certificate shall be

on forms provided by the Prothonotary and shall contain the following:

1. the caption of the case;

2. name, address and phone number of trial counsel for all parties;

3. certification that all outstanding motions are resolved;

4. certification that discovery has been completed and disclosure made to the

other parties of any and all reports to be utilized at the arbitration hearing; and

5. a complete list of all witnesses who are to be called at the time of the arbitration

hearing and an estimate of the time that will required to present that parties

portion of the case.

(c) Within 10 days of the notice of the arbitration hearing, any opposing party or

opposing counsel shall submit a written report to the Court Administrator listing the

names of their witnesses who will be used at the hearing and an estimate of the

time required to present their case.

ONLY THOSE WITNESSES LISTED BY THE PARTIES, AND REPORTED AS REQUIRED IN

THE RULE, WILL BE PERMITTED TO TESTIFY AT THE ARBITRATION HEARING, UNLESS

THE COURT DIRECTS OTHERWISE.

ANY PARTY THAT DOES NOT TIMELY PROVIDE THE ESTIMATE OF THE TIME

REQUIRED TO PRESENT THEIR CASE MAY, IN THE DISCRETION OF THE BOARD OF

ARBITRATION, BE LIMITED TO 30 MINUTES TO PRESENT THEIR CASE

(d) At the time the moving party files an arbitration certificate of readiness specified in

subsection (b) above, the moving party shall also file a Pre-Arbitration Memorandum

which sets forth: (1) a narrative statement of the facts which will be offered into

evidence by that party; (2) a statement of legal theory upon which the cause of

action or defense is predicated; (3) a complete list of witnesses to be called and the

anticipated areas of each witness’s testimony; (4) a complete list of exhibits to be

presented; (5) a statement setting forth an itemized list of the damages that a party

intends to claim and prove; (6) a rough sketch illustrating the incident giving rise to

the cause of action (where appropriate); and (7) a statement of any unusual or

intricate legal issues or claims together with a citation of legal authorities relied

upon.

The non-moving party shall file its Pre-Arbitration Memorandum within (20) days

of receipt if the moving party’s Memorandum. The non-moving party’s Pre-Arbitration Memorandum shall contain the same seven topic as the moving party’s

Memorandum.

THE FAILURE IF THE MOVING PARTY TO FILE ITS PRE-ARBITRATION

MEMORANDUM AT THE TIME AN ARBITRATION CERTIFICATE OF READINESS IS FILED

SHALL RENDER THE CERTIFICATE OF READINESS A NULLITY. THE FAILURE OF THE

NON-MOVING PARTY TO FILE ITS PRE-ARBITRATION MEMORANDUM MAY RESULT,

AT THE DESCRETION OF THE ARBITRATION PANEL, IN THE EXCLUSION OF SOME OR

ALL OF THE ARBITRATION HEARING, TO THE EXTENT THAT THE MOVING PARTY CAN

DEMONSTRATE PREJUDICE.

(e) Arbitrators may not grant continuances. Applications for continuances of any

scheduled arbitration hearing shall be on the Application for Continuance Form

available from the Prothonotary or Court Administrator’s Office. The Application for

Continuance must be filed with the Prothonotary and the Continuance Fee must be

paid upon filing. Continuance requests should be submitted to the Prothonotary at

least twenty (20) days before such hearing and after written notice of such

application has been provided to the opposing counsel. The application shall

indicate the number of continuances previously requested and whether or not the

continuance is opposed.

The Prothonotary shall promptly serve the Continuance Form upon the Court

Administrator.

Whenever any case has been continued twice after assignment of a board of

arbitration, the case shall be certified by the Court Administrator to the President

Judge or his designee, to rule upon the request for continuance. In the interest of

expediting disposition of the case the judge may order a conference or enter an

appropriate order including but not limited to an order for non pros or an order

directing the board to proceed with hearing whether or not the defendant appears

and defends.

Continuances within 20 days of an arbitration hearing shall not be granted without

approval of the President Judge or his designees and only upon exigent

circumstances. In the event of an emergency continuance, the Court may assess

actual expenses against the moving party or counsel which may have been incurred

by the Court or the opposing party. The actual costs which may include added

arbitration fees, actual work loss, travel expenses, expert fees, etc., shall be certified

to the Court by the party incurring such fees for appropriate consideration. Added

arbitration fees may likewise be assessed where a late continuance results in the

need for additional payment to a Board of Arbitration.

(f) The Court may assess a late settlement fee for arbitration cases which are settles

within three days of the scheduled arbitration hearing.

RULE 1305 CONDUCT OF HEARING/EVIDENCE.

(a) 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. A party is present if the party or an attorney who has entered

an appearance on behalf of the party attends the hearing.

(b) Where all parties are present, the chairman of the board of arbitration shall be

responsible for the conduct of the hearing. The chairman shall make preliminary

rulings on objections and evidentiary matters, which shall be binding unless

overridden by a majority of the board of arbitration.

RULE 1306 AWARD, DAMAGES FOR DELAY.

(a) Arbitrators shall not consider the subject of damages for delay until an award has been

made on the merits of the case, including the determination of the amount of damages,

if any to be awarded.

(b) After the determination and announcement of the award on the merits and damages,

the arbitrators shall make a determination as to any delay by:

1) Accepting a stipulation from the parties which contains the following:

a) whether an offer was made in writing;

b) the amount of the offer;

c) the date of the offer, or

2) If no stipulation is reached, the panel shall take evidence regarding damages for

delay from counsel following the original deliberation and announcement of the

award.

(c) The arbitrators shall separately enumerate the delay damages as to each party on the

appropriate form, and then add this amount to the principal sum awarded in order to

reach a total amount of award. Only the total amount shall be shown on the Report and

Award but the computation form must be appended when the Award is filed.

RULE 1308 APPEAL COMPENSATION.

(a) In filing an appeal, the appellant shall make payment to the Prothonotary for

compensation of the arbitrators. The compensation assessed by the Prothonotary of

Northumberland County shall be the arbitration daily compensation rate established by

the President Judge. The parties thereafter shall proceed as set forth in Sch.R.C.P. No.

212.1.