Mont. Cnty. Pa. 1301

As amended through January 1, 2020
Rule 1301 - Compulsory Arbitration
A.Scope. All civil cases which see only monetary damages, where the amount in controversy shall be fifty thousand ($50,000.00) Dollars or less, exclusive of costs and interest, shall be submitted to, heard and decided by a Board of Arbitrators, consisting of three (3) attorneys appointed at the discretion of the President Judge. No substitution of Arbitrators so selected is permitted.
B.Time for Submission to Arbitration by Parties. When the pleadings are closed and the case is at issue, either party may submit a request for arbitration to the Court Administrator. This request shall be made on forms to be prepared by the Court Administrator, and shall be time-stamped in the Office of the Prothonotary prior to presentation to the Court Administrator. One copy of the request shall be filed personally by the party or counsel to the Court Administrator, and a copy shall be served upon the opposing party or parties.
C.Time for Reference to Arbitration by Court. On its own Motion, or the Motion of either party, when it appears, after hearing, Deposition or Stipulation that the amount in controversy does not exceed fifty thousand ($50,000.00) Dollars, the Court shall enter an Order of reference to a Board of Arbitration.
D.Scheduling of Hearings. The Court Administrator shall assign cases to each Board appointed and shall designate the date and location of the hearing. The Court Administrator shall give notice of the hearing date and location to the Arbitrators and each party or his attorney.
E.Continuances. Except for cause shown in special cases, only one (1) continuance of a case will be granted on behalf of one party or group of parties having similar interests, and in no instance shall, a continuance be granted to a party unless the request is made at least one (1) week prior to the date scheduled for the arbitration hearing. If an attorney has a scheduling conflict, he must notify the Court Administrator no less than 72 hours prior to the arbitration hearing. If an attorney does not appear for a scheduled arbitration hearing and the arbitration is therefore cancelled, a sanction will be imposed in the amount of the arbitration fee.
F.Duty of Arbitrators. In no instance will a continuance be granted to an Arbitrator. All Arbitrators are required to serve as appointed and may be relieved of their appointment only by being excused by the President Judge upon good cause shown.
G.Compensation. Each member of the Board of Arbitrators who has signed the report or files a minority report shall receive as compensation for his services in each case a fee of seventy-five ($75.00) Dollars. In cases requiring hearing of unusual duration or involving questions or unusual complexity, the Court, on Petition of the members of the Board and for cause shown, may allow additional compensation. The Court may also, on Petition of any party to a case, on cause shown and to prevent injustice, reduce the amount of such compensation or disallow compensation entirely. The members of a Board shall not be entitled to receive their fees until after filing a report with the Prothonotary. When the same is filed, the Prothonotary shall issue an Order for payment of such fees which shall be immediately paid from county funds as in the case of all other county debts. Fees paid to Arbitrators shall not be taxed as costs nor follow the award as other costs.

Mont. Cnty. Pa. 1301