Monr. Cnty. Pa. 1301

As amended through May 18, 2022
Rule 1301 - Scope
1. All civil cases where the amount in controversy (exclusive of interest and costs) shall be Fifty Thousand ($50,000.00) Dollars or less except those involving title to real estate, equity cases, mandamus, quo warranto and mortgage foreclosure, shall first be submitted to a Board of Arbitrators in accordance with Section 7361 of the Judicial Code, 42 Pa.C.S. § 7361. The amount in controversy shall be determined from the pleadings or by agreement of counsel. The Court may of its own motion or upon the motion of any parties strike from the trial list and certify for arbitration any case which should have been arbitrated in the first instance.
2. No case shall be scheduled for arbitration until (1) the expiration of 30 days from the most recent service either of (a) the complaint upon an original or an additional defendant; or (b) a counterclaim upon the plaintiff; and (2) unless counsel for the moving party certifies at the time of filing of Praecipe for the trial list that:
a. All preliminary objections have been finally determined;
b. Counsel for the moving party has completed all discovery and knows of no pending discovery on the part of opposing counsel which will delay hearing;
c. The moving party and witnesses are available and ready to proceed to hearing;
3. Form: A case shall be listed for arbitration by filing a Praecipe in the form attached to this rule.
4. Notice: Notice of the date, time and place of arbitration shall be provided to counsel for the parties or if unrepresented, to the party directly by the Court Administrator, and shall include the following provision pursuant to Pa. R.C.P. 1303(a)(2):

"This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge."

Form - Praecipe for Arbitration

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Monr. Cnty. Pa. 1301