As amended through April 1, 2024
Rule 1301 - Actions To Which Arbitration Applies(a) Actions at issue. All actions which are at issue in which the amount in controversy is fifty thousand dollars ($50,000) or less, except those involving title to real estate, and forfeiture of property, shall first be submitted to and heard by a board of arbitrators consisting of three attorneys admitted to practice in the Courts of this Commonwealth, for consideration and award. The term "amount in controversy" shall mean the amount, exclusive of interest and costs, claimed by any party to the case, as determined by the pleadings or agreement of reference, but a multiplicity of claims or counterclaims, each of which is fifty thousand dollars ($50,000) or less, shall not bar compulsory arbitration. An order of consolidation of an action involving more than fifty thousand dollars ($50,000) with an action involving less than that amount shall bar compulsory arbitration.(b) When the action is at issue. An action shall be at issue when: (1) A party or counsel files with the Prothonotary, after the close of all pleadings, a praecipe for reference; or(2) The parties or counsel file with the Prothonotary, an agreement of reference; or(3) The court issues an order of reference on its own motion, or on motion of a party, when the pleadings disclose that any verdict probably will be in an amount less than fifty thousand dollars ($50,000).(c) Actions not at issue. An action not at issue may be referred to a board of arbitrators by agreement of reference signed by all parties or their counsel and filed with the Prothonotary, or by court order. The agreement of reference shall define the issues involved for determination by the board, and may also contain stipulations with respect to facts submitted or agreed to or defenses waived. In such case, the agreement of reference shall take the place of the pleadings in the case.(d) Certification of Readiness for arbitration. The party referring the case to arbitration shall certify that the case is ready and that the attorneys and witnesses are available during the arbitration week. The arbitration will be scheduled for the arbitration week in the second month after the month during which the filing occurs or during an arbitration week thereafter selected by the parties. The Prothonotary shall certify to the District Court Administrator that the case has been referred to arbitration within three days after such reference. (e) Length of time to be stated. The party who refers the case for arbitration shall note the length of time required for the hearing on the document requesting arbitration.(f) Service of Notice of Reference to Arbitration. Any party referring a case to arbitration shall forthwith serve a copy of the referring document upon the opposing parties or their counsel, and shall file with the Prothonotary evidence showing such service. Failure to serve such copy shall result in the action being stricken from the Arbitration List and the costs connected therewith being taxed against the party who fails to serve such copy. The action may not be re-listed for arbitration until the costs so taxed have been paid.Amended effective through 8/1/2023.