Alle. Cnty. Pa. 1301

As amended through April 9, 2024
Rule 1301 - Scope
(1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators:
(a) Civil actions, proceedings and appeals or issues therein where the demand is for $50,000 or less (exclusive of interest and costs);
(b) Replevin without bond and replevin with bond once bond has been set by the Court;
(c) Appeals from final judgments of Magisterial District Judges; and
(d) Matters transferred to Compulsory Arbitration by the Court even though the original demand may have exceeded $50,000.
(2) The following civil actions are not subject to Compulsory Arbitration as set forth, above:
(a) Actions seeking only an accounting;

Note: In an action seeking both money damages and an accounting, a Board of Arbitrators may award money damages but may not order an accounting.

(b) Actions seeking only equitable relief; and

Note: In an action seeking both money damages and equitable relief, a Board of Arbitrators may award money damages but may not order equitable relief.

(c) Actions in which the Commonwealth is a party defendant or an employee of the Commonwealth is a party defendant under the provisions of 42 Pa.C.S., Chapter 85B (relating to actions against Commonwealth parties).
(3) A Board of Arbitrators may not enter an award in favor of any party in excess of $50,000 (exclusive of interest and costs).

Note: While a Board of Arbitrators may hear a lawsuit in which any party claims an amount in excess of $50,000, the award of the Board of Arbitrators to any party may not exceed $50,000 (exclusive of interest and costs). However, with the agreement of all parties, a Board of Arbitrators may award up to the amount agreed upon in excess of $50,000 if all parties also agree that the arbitration award is final and cannot be appealed to Court.

(4) If a party files a counterclaim or a cross-claim seeking an award in excess of $50,000 (exclusive of interest and costs), any party may file a petition to transfer the entire case to the General Docket. At the discretion of a judge, such a counterclaim or cross-claim may be severed and transferred to the General Docket.

Alle. Cnty. Pa. 1301

Adopted October 4, 2006, effective 12/4/2006. Amended November 29, 2021, effective 1/11/2022; amended effective 9/13/2022; amended effective 11/13/2023.