Rule *1303 - Scheduling of Arbitration Hearings. Relistings. Consolidations(a)Scheduling of Arbitration Hearings. (1)Scheduling Upon Commencement of Action. All Arbitration Writs of Summons and complaints must be accompanied by a Civil Cover Sheet as required by Phila. Civ. R. *205.2(a)(9). All Arbitration Writs of Summons and Complaints must state in upper case on the upper, right-hand corner of the cover page "THIS IS AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARING IS/IS NOT REQUIRED." The date, time and place of the Arbitration hearing shall be entered on the Civil Cover Sheet or initial pleadings, and on all service copies, together with the following statement: "This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more 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."(2)Scheduling After Commencement of Action. In the event a case is scheduled for an Arbitration hearing after the commencement of the action, and the initial pleadings do not contain the statement authorized by Pa.R.C.P. No. 1303(a)(2), the case will nonetheless be subject thereto provided the Order or Notice scheduling such Arbitration hearing contains the following statement: "This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more 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."(b)Deferred Status. (1)To Obtain Deferred Status. (i)Initial Filing. If the plaintiff requests that the case be placed on a "Deferred" status, the request and code number, if any, shall be inserted by plaintiff on the Civil Cover Sheet and on the first page of the Writ of Summons or Complaint. The Office of Judicial Records shall not assign an Arbitration Hearing date and the case shall be placed on Deferred Status. Explanatory Note: The Court will presently defer cases if they are "Uninsured or Underinsured Motorist Savings Actions," or Underinsured Motorist Benefits (Act 6). See English v. Pa.F.R.A.C.P., et al, 427 Pa. Super. 105, 628 A.2d 847 (1993), allocatur granted, 645 A.2d 1316 (1994). Additional categories may be added by the Court from time to time.
(ii)Other Than Initial Filing. Any party may seek deferral of a case by filing a Miscellaneous Arbitration Application substantially in the form set forth hereunder, setting forth the reasons for the Deferral. Before filing the Miscellaneous Arbitration Application with the Arbitration Center, counsel shall comply with the instructions set forth on said Form. Seewww.courts.phila.gov/forms for the current version of the Compulsory Arbitration Motion Practice Miscellaneous Application.
Explanatory Note: Cases may be deferred due to, inter alia, bankruptcy, imprisonment, or military status of any party.
Explanatory Note: Before filing the Miscellaneous Arbitration Application with the Arbitration Center, a copy of the Application must be mailed/delivered/faxed to opposing counsel and unrepresented parties who may submit a Response to the Applicant prior to the date the Application may be filed. See Miscellaneous Arbitration Application and Response Forms and Instructions.
(2)Removal of Deferred Status.(i)Uninsured/Underinsured Savings Actions. When the uninsured/underinsured statutory or common law arbitration claim is concluded or settled, the case shall be removed from Deferred Status and a compulsory arbitration hearing shall be scheduled as follows: (1)Duties of Filing Attorney. The filing attorney shall advise the Arbitration Center that the case is ripe for a Compulsory Arbitration hearing, the underlying unin-sured/underinsured claim having been concluded by filing a Praecipe substantially in the Form set forth hereunder within 90 days of the conclusion of the underlying uninsured/underinsured claim. See www.courts.phila.gov/forms for the current version of the Praecipe, Uninsured/Underinsured Savings Action
(2)Compulsory Arbitration Hearing Order. Upon having been informed that the case is ripe for a Compulsory Arbitration Hearing, the Court shall issue an Order substantially in the form set forth hereunder scheduling the Compulsory Arbitration Hearing, and the case shall proceed in the same manner as any other Compulsory Arbitration case. It shall be plaintiff's responsibility to immediately serve the subrogee and the defendant(s) with notice of the Arbitration hearing date and to file an Affidavit of service with the Office of Judicial Records prior to the Arbitration Hearing date. Click here to view image
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(3)Applicable to Existing Cases. The procedure set forth above shall apply to all cases previously deferred which become ripe for scheduling of Compulsory Arbitration hearings subsequent to the effective date of this rule. (ii)Other Deferred Cases. When any party advises the Director of the Arbitration Center that the reasons for the deferral are no longer applicable, or upon Order of Court, the case shall be removed from Deferred Status and appropriate action shall be taken. (c)Continuances. All requests for continuances shall be made as provided herein. (1)General Rule. A request for continuance of an Arbitration hearing will be granted only for reasons set forth in Pa.R.C.P. 216 and are provided herein. A continuance may be granted provided a sufficient reason exists, and further provided that the continuance is consistent with the orderly and expeditious determination of Compulsory Arbitration cases.(2)Written Request. All requests for continuance of Arbitration Hearings shall be in writing on a Continuance & Deferral Application substantially in the form set forth hereunder and shall be filed in accordance with President Judge Administrative Order No. 2009-02. The Continuance & Deferral Application shall set forth the specific reasons for the continuance and the legal basis for the continuance, as provided in Pa.R.C.P. 216 and this rule, the position of all other counsel or unrepresented parties and the date and time mutually convenient to all parties, for the relisting of the Arbitration Hearing. See www.courts.phila.gov/forms for the current version of the Continuance & Deferral Application.
(3)Procedure for Obtaining Continuance. A Continuance & Deferral Application shall be filed with the Arbitration Center and as may otherwise be provided in the Application. A copy of the Continuance & Deferral Application must be served, as required, on opposing counsel and unrepresented parties contemporaneously with its filing with the Arbitration Center. Upon receipt of the Continuance & Deferral Application, the Director of the Arbitration Center, or his/her designee, shall rule on the request, and, in appropriate cases, may consult with the Administrative Judge of the Trial Division or his/her designee. There shall be no hearing or oral argument on the request for continuance or a ruling thereon, and the ruling is not subject to judicial scrutiny at the request of any party. Explanatory Note: Counsel are cautioned not to call or write the Arbitration Center for status of the Application, or to request "reconsideration" in the event the Continuance Application is denied.
(4)Emergency Applications. No continuance will be granted if requested within 14 days prior to the date of the Arbitration hearing except for "emergency" reasons, which could not have been anticipated prior thereto. An Arbitration hearing may be continued for the following "emergency" reasons: (i) The illness of counsel of record or a party. The Applicant must specify the name of the person who is ill and set forth whether he or she is confined at home or in a hospital, must specify the nature of the illness, the name of the treating physician, and the earliest anticipated date he or she will be able to attend a rescheduled Arbitration hearing;(ii) Counsel's assignment to trial in a non-arbitration case on the same date and time. In such cases, counsel must first advise the trial judge of the conflict and in the event the trial judge declines to hold commencement of the trial in abeyance until conclusion of the Arbitration hearing, counsel must immediately file an Arbitration Application setting forth the Court Term and Number, and caption of the case, and name of trial judge, a copy of the trial scheduling Order and the specific efforts made to postpone the conflicting case.(iii) The failure to appear of subpoenaed witnesses. Provided the subpoena was served sufficiently in advance of the Arbitration Hearing date; and(iv) There are outstanding Petitions or Motions. However, no Motions or Petitions shall be accepted by Motion Court or Discovery Court if filed or scheduled less than 45 days prior to the date of the scheduled Arbitration Hearing date, unless authorized pursuant to Phila. Civ. R. *1303(h).(5)Non-Emergency Applications. All other requests for continuance. An Arbitration Application for continuance of an Arbitration Hearing for non-emergency reasons must be filed at least 30 days prior to the scheduled Arbitration hearing date. Arbitration Hearings may be continued, inter alia, for the following non-emergency reasons:(i) Service not effected upon original defendant(s)/additional defendant(s). The Applicant shall set forth with particularity facts supportive of contention that due diligence has been exercised in attempting service, shall set forth the specific dates of the attempted service, shall attach a statement that substituted service could not have been obtained prior to the date of the Arbitration Hearing, and shall certify that a Motion for Alternative Service has been filed pursuant to Pa.R.C.P. 430 and Phila. Civ. R. *430.1.(ii) For any reason justifying the grant of an emergency application;(iii) Due to the recent joinder of a party. The Applicant shall set forth the date of the joinder, date of service, and additional time (not to exceed 90 days) necessary for the filing of a responsive pleading and for completion of discovery.(iv) Failure to produce a material witness or party for deposition; provided, however, a Discovery Court Order was issued compelling the deposition of such party which Order has not been complied with, and there is insufficient time to obtain an appropriate Order from Discovery Court.(v) At defendant's request, where delay in the filing or service of the Complaint has prevented the defendant from filing, prior to the Arbitration Hearing date, an Answer or other responsive pleading (or joinder of additional parties) within the time permitted by rules of court; and where delay in service of the complaint or disposition of petitions or motions have substantially delayed discovery. (vi) Due to the vacation schedule of defendant or defendant's counsel provided that defendant was not given at least 90 days' notice of the Arbitration Hearing date. Only one continuance will be granted for this reason. (vii) For any other appropriate reason not inconsistent with the orderly and expeditious determination of compulsory arbitration cases. (6)Rescheduled Dates. Arbitration hearings shall be rescheduled as soon as possible based on the reason for the continuance, but efforts shall be made to reschedule the case for hearing within 60 days of the initial date.(7)Rescheduling by Agreement of All Parties. If all parties agree to reschedule an Arbitration Hearing and they file with the Arbitration Center an application in the form attached hereto, the Arbitration Hearing will be rescheduled provided that the application is filed no later than noon, at least two business days prior to the originally scheduled hearing, and further provided that all parties agree on a specific rescheduled date which must be within two weeks of the original scheduled hearing date. All counsel and unrepresented parties must sign the application and the case shall be deemed rescheduled only upon the execution of the order by the manager of the Arbitration Center. Requests for rescheduling pursuant to this order may only be made one time per case. Seewww.courts.phila.gov/forms for the current version of the One-Time Only Rescheduling Agreementapplication form.
(d)Advancement. A hearing date may be advanced by filing a Continuance & Deferral Application with the Director of the Arbitration Program which shall allege that all parties agree to the advancement to a specific date. Explanatory Note: Although the Court disfavors the grant of continuances, a conflict with a scheduled Arbitration Hearing date may be resolved by agreeing to an earlier Arbitration Hearing.
(e)Consolidation. Consolidated actions shall be heard on the date assigned to the last filed consolidated case.(f)Transfer from Major List to Arbitration.(1)By Any Party.(a)Within Six Months of the Date of Filing. When a case is initially filed as a major case, plaintiff may, within six months of its commencement, transfer the case to compulsory arbitration without leave of Court by filing a praecipe with the Office of Judicial Records who shall assign an arbitration hearing no sooner than 60 days hence. Plaintiff must serve notice of the arbitration hearing date upon all counsel of record and any unrepresented parties within 48 hours after receipt of the order scheduling the arbitration hearing and shall file an Affidavit of Service with the Office of Judicial Records.(b)After Six Months or Date of Filing. When a case is initially filed as a major case and, after the expiration of six months from the commencement date of the action, any party desires to transfer the case to compulsory arbitration, a petition must be filed with the Office of Judicial Records and the Motion Court to Transfer from Major to Arbitration. The petition shall be assigned to the Supervising Program Judge (defined hereunder). If the petition to Transfer From Major Arbitration is granted, the Office of Judicial Records shall assign an arbitration hearing no sooner than 60 days hence. Counsel for a party requesting transfer must serve notice of the hearing date upon all counsel of record and any unrepresented parties within 48 hours after receipt of the order scheduling the arbitration hearing and shall file an Affidavit of Service with the Office of Judicial Records. (2)Supervising Program Judge. The Supervising Program Judge for purposes of subsection (1)b. above is defined as the team leader of the respective Day Backward and Day Forward Team to which the case is assigned. If the case has not been specifically assigned, the Motion Court Judge will be the Supervising Judge.(3)By Court. As provided by Pa.R.C.P. 1021(d). Explanatory Note: Pa.R.C.P. 1021(d) provides that "The Court on its own motion or motion of any party may by discovery, pre-trial conference, hearing or otherwise, determine the amount actually in controversy and enter an order of reference to arbitration." The within local rule does not limit the Court from transferring appropriate cases to compulsory Arbitration.
(g)Transfer from Arbitration to another Program. A case filed as an Arbitration case may only be transferred to another Program, and listed for trial in accordance with management procedures established pursuant to Philadelphia Civil Rule *215, as follows:(1) upon the filing of a Counterclaim which seeks monetary damages in excess of the arbitration limits; or Robert Half International Inc. v. Marlton Technologies, Inc., 2006 Pa. Super 145; 902 A.2d 519 (2006), requires that upon the filing of a counterclaim seeking monetary damages in excess of the arbitration limits, the case be transferred from the Compulsory Arbitration Program. The transfer will be made automatically upon the filing of a counterclaim which seeks monetary damages in excess of the arbitration limits.
It is suggested that the counterclaimant make the Office of Judicial Records aware that the case previously assigned to the Arbitration Program must be transferred to another Program due to the amount of the monetary damages sought in the counterclaim. Upon implementation of electronic filing, the Electronic Filing System will contain the necessary functionality to effectuate the transfer.
(2) Upon the filing of a Motion to Transfer from the Compulsory Arbitration Program to another Program and the entry of an order transferring such case to another Program, subject to the payment of the applicable fee, if any. (h)Filing of Motions. Pre-Trial Motions and Petitions, including discovery motions, will not be accepted by Motion Court or Discovery Court if attempted to be filed less than 45 days prior to the date of the scheduled Arbitration hearing, unless approved by the Court. Such approval may only be obtained by filing a Miscellaneous Arbitration Application form accompanied by a copy of the Motion or Petition and self-addressed stamped envelopes to all counsel and interested parties. If the Application is granted, the Motion or Petition may be filed as provided in the Order. (i)Settlement Prior to Hearing Date. Counsel shall give written notification to the Director of the Arbitration Center of any settlement prior to the Arbitration Hearing date and an appropriate Order will be issued. Failure to provide written notice prior to the Arbitration Hearing date will result in the entry of a judgment of non pros if the parties fail to appear for the Call of the List and hearing.(j)Failure to Serve Initial Pleading or Complaint. If a complaint has not been filed or served by the date of the scheduled hearing, the case will be assigned to an arbitration panel with instructions to enter an award in favor of the defendant, unless counsel has complied with Phila.Civ.R. *1303(b)(5)(i) and obtained a relisting prior to the Arbitration Hearing date. Source of Rule *1303(b): No. 01 Administrative Docket, issued April 22, 1993, and General Court Regulation-Trial Division No. 93-5. Source of Rule *1303(c): General Court Regulation-Trial Division No. 93-3. Amended by the Board of Judges, on May 18, 1995, effective 7/17/1995. Source of Rule *1303(f): General Court Regulation 95-2, amended by Board of Judges on November 16, 1995, effective 2/12/1996. Source of Rule *1303(c) (7): Administrative Docket No. 1 of 1996, issued1/25/1996, effective immediately (on a trial basis until further order of court). Source of Rules *1303 (g) and (j): President Judge General Court Regulation No. 96-4, amended by the Board of Judges on November 26, 1996, effective 1/13/1997. Further amended November 19, 1998, effective 1/1/1999; amended May 20, 2004, effective 7/26/2004; amended November 15, 2007, effective 1/7/2008. Amended May 15, 2014, effective 7/6/2014. President Judge Administrative Order No. 2009-02 may impact this rule.