Fay. Cnty. Pa. 1303

As amended through September 26, 2023
Rule 1303 - Compulsory Arbitration: Initiation, Scheduling, Hearings and Continuances
(a) The Court Administrator shall designate the third and fourth Tuesday of each calendar month as arbitration day. In the event it conflicts with Criminal or Civil Court Trial Sessions, the Court Administrator shall designate an alternate date and advise all parties thereof.
(b) For each arbitration day, the Court Administrator shall appoint a board of arbitration. The Court Administrator shall appoint an additional board or boards if the Court Administrator determines that the number of pending cases so requires. The Court Administrator shall notify all arbitrators of their appointment at least thirty (30) days before the arbitration day involved.
(c) When arbitration is ordered in any case, the Court shall schedule that case to be heard on the next arbitration day which is at least forty-five (45) days thereafter.
(d) The Court Administrator will prepare a list of cases scheduled to be heard on each arbitration day. Cases shall be listed in chronological order according to the date on which arbitration was ordered. The list shall include the name of the attorney for each party. A copy of the list will be posted in the Prothonotary's office. At least thirty (30) days before the arbitration day, the Court Administrator will furnish to each arbitrator appointed to serve on that day, to each attorney involved, and to any party not represented by counsel a copy of the list as well as a roster of each board appointed to sit on that day and notice of the place each board will sit.
(e) The senior arbitrator from the chair list shall chair a board of arbitration.
(f) The arbitration procedure is intended to be economical for the parties and, therefore, the proceedings are abbreviated and somewhat less formal. The consequences to the litigants are nevertheless of great significance. To assure that all present understand the seriousness of the proceedings, the arbitrators will conduct their proceedings with appropriate dignity and decorum at all times.
(g) Each board of arbitration shall hear cases in the order in which they appear on the list for the day. If more than one board is sitting on the same day, when a board completes one case, it will take the next case remaining on the list.
(h) Each board of arbitration will convene at 9.30 o'clock A.M. and will remain in session until 4:00 o'clock P.M., or such earlier time as all cases on the list have been heard. The lunch recess will ordinarily be from noon until 1:30 o'clock P. M. and, unless the parties consent, no case will be called to start during that period.
(i) If an arbitrator is unable to hear a particular case because of a conflict of interest, the case will be heard by another board of arbitration sitting on the same day. If no other board is sitting on that day, the case will be continued to the next arbitration day.
(j) Each board of arbitration shall file its award in each case with the Prothonotary not later than noon of the next business day after the hearing is concluded.
(k) When it is not possible to conclude a hearing on the day on which it commences, the board of arbitration will fix the time and place to resume the hearing. Each hearing will be completed within ten (10) days after the arbitration day unless the Court allows a longer time.
(l) The Court Administrator will coordinate the hearings on each arbitration day. At the conclusion of its hearings on any day, each board will report to the Court Administrator its disposition of the cases heard by it.
(m) If a party is not prepared to proceed when his case is called to be heard, the board of arbitration shall hear the parties who are present and decide the case on the basis of their evidence. If none of the parties is prepared to proceed when a case is called to be heard, the board of arbitration shall enter an award for the defending parties on each count.
(n) Continuances shall be granted by the Court upon cause shown. There shall be no continuances granted on the date of the hearing except for emergencies.
(o) A $25.00 fee shall be charged for continuances. No continuance shall be granted without payment of the required fee unless waived by the Court. Proof of payment shall be attached to the motion when presented in accordance with Fayette County 208.3.

Fay. Cnty. Pa. 1303

Amended May 30, 2002, effective 7/22/2002. Amended December 19, 2003, effective 2/10/2004. Amended December 16, 2008, effective 2/2/2009.