As amended through January 1, 2018
Rule 212.6 - Special Trial MastersA. Appointment and Authority of Special Trial Masters.1. The Civil Rules Committee of the Lackawanna County Bar Association shall recommend to the President Judge five (5) members of the Association with substantial trial experience to serve as a Screening Committee to review the qualifications and experience of volunteers from the Association to serve, pro bono, as Special Trial Masters.2. The Screening Committee, upon approval by the President Judge, shall review submission of applications, resumes and other documentation from volunteers willing to serve, pro bono, as Special Trial Masters and make recommendations to the President Judge of persons to serve as Special Trial Masters. Persons recommended shall have been admitted to the practice of law for no less than (10) years.3. The President Judge shall, from the recommendations, appoint persons to be Special Trial Masters. A list of appointees shall be maintained in computerized form by the Court Administrator from which one, as needed, shall be randomly selected by computer to serve in a case.B. Consent to Proceed by and Procedure to Finalize Special Trial Master. 1. Where all parties agree to submit a case to a Special Trial Master, each party shall consent to doing so in writing which shall be filed of record and a copy provided to the Court Administrator.2. When all parties have consented to proceeding with a Special Trial Master and have submitted the consent form to the Court Administrator, the Administrator shall, by computerized random selection, select a Special Trial Master for that case.3. The plaintiffs, collectively, and the defendants, collectively, shall each have one (1) peremptory challenge to a selected Trial Master which they may or may not choose to exercise.4. On notice of selection and being provided with the identity of all parties and counsel in the case, the selected Trial Master shall, within five (5) days, notify the Court Administrator of his/her acceptance of the case or his/her recusal from it. If recusal occurs, the Administrator shall select a different Trial Master until acceptance occurs.5. Prior to the expiration of the period for the exercise of peremptory challenges, any selected Trial Master and all parties and their counsel shall have a duty to disclose to the Trial Master and all parties and all counsel the facts and circumstances which give rise to any potential conflict.6. Once a Trial Master accepts a case, the plaintiffs collectively and the defendants collectively shall, within five (5) days of notification of the selection of the Master, notify the Court Administrator of the exercise of a peremptory challenge. After five (5) days and not prior to the expiration of the five (5) day period, the Court Administrator shall notify the parties if any challenge has been made and, if so, the identity of a different randomly selected Trial Master. If both plaintiffs and the defendants have exercised their peremptory challenge, no further challenge is permitted and the next selected Trial Master shall try the case. Once a Trial Master is finally determined, the case shall proceed before that Trial Master.7. Special Trial Masters shall conduct all pre-trial and trial proceedings in accordance with the Pennsylvania Rules of Civil Procedure and the Practice and Procedure Rules of Lackawanna County.8. Post-trial Motions. In the event that a trial is conducted before a Special Trial Master, any and all post-trial motions timely filed following such a proceeding shall be ruled upon by the Special Trial Master in the form of a Report and Recommendation to the assigned Trial Judge. The assigned Trial Judge will approve or reject the Report and Recommendation. Rulings on Post-trial Motions shall not be deemed final until acted upon by the assigned Trial Judge.Amended effective November 2014.