Berk. Cnty. Pa. 1304

As amended through May 6, 2024
Rule 1304 - Pre-Arbitration Memorandum
(a) At least seven (7) days before the date of the arbitration hearing, all parties shall file with the Prothonotary a memorandum in the form hereinafter provided and shall immediately serve a copy on each party and each arbitrator. This memorandum shall set forth the following:
(1) A brief statement of the important facts of the claim or defense;
(2) A statement of the legal basis for the claim or defense;
(3) A list of all special damages claimed, such as lost earnings, loss of future earning capacity, medical expenses (itemized), property damage;
(4) A list of the names and addresses of all the witnesses whom that party intends to call at arbitration;
(5) A list of all exhibits to be offered by that party at arbitration. All exhibits shall be numbered prior to the arbitration;
(6) An estimate of the number of hours, or portion thereof, necessary to present your claim or defense;
(7) Special comments regarding legal issues; and
(8) Any stipulations between the parties for purposes of the arbitration.
(b) Except in extraordinary circumstances, as determined by the arbitrators, a party will not be allowed to call a witness at the arbitration hearing who is not listed in a timely filed pre-arbitration memorandum.
(c) Except in extraordinary circumstances, as determined by the arbitrators, a party will not be allowed to offer an exhibit at the arbitration hearing that is not listed in a timely-filed pre-arbitration memorandum.
(d) In the event that a party does not file a pre-arbitration memorandum as required by paragraph (a), the other party may file a written motion with the assigned judge to strike the case from the arbitration list.

Berk. Cnty. Pa. 1304

Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.