Lycoming County Arbitration Rules

-L216 Continuances
-L220 Jury Size in Civil Trials
-L227.3 Transcript of Testimony
-L230.2 Termination of Inactive Cases
-L250.1 Americans with Disabilities Notice
-L261 Court Administrator
-L300  Dockets
-L400.1(b) Service of original process
-L411  Action for Support
-L430  Service by Publication
-L440 Use of Prothonotary's Office Mail Box
-L501  Meeting Place
-L502  Substitution After Appointment
-L503  Organization
-L504  Notice of Appointment
-L601  Security for Costs of Non-residents
-L602  Bill of Costs
-L702  Satisfaction of Judgment
-L901  Money Paid into Court
-L902  Appeal as Supersedeas
-L1007  Commencement. Case Scheduling

Current Trial term dates

-L1012  Appearance. Withdrawals
-L1018.1 Notice to Defend
-L1025  Designation of Trial Attorney
-L1028(c) Preliminary Objections
-L1034(a) Judgment on the Pleadings
-L1035.2(a) Motion for Summary Judgment
-L1049  Itemized Statements
-L1066  Entry of Judgment. Advertisement
-L1301  Cases for Submission
-L1302  List of Arbitrators
-L1302.1 Selection of Arbitrators
-L1303  Scheduling of Hearings
-L1304  Arbitrator’s Questions
-L1304.1 Continuances
-L1306  Awards
-L1308  Compensation for Arbitrators
-L1311  Appeals
-L1315 Settlements
-L1910.10   Hearing Procedure
-L1910.12   Exceptions Procedure
-L1910.14   Defendant Leaving Jurisdiction
-L1910.15   Paternity
-L1910.22   Attachment of Wages
-L1915.3  Custody Petitions and Procedure
-L1915.3-1  Initial Conference
-L1915.3-2  Exceptions to Interim Orders
-L1915.3-3  Recommended Orders/Approval
-L1915.7  Settlement
-L1915.8   Examinations and Home Studies
-L1915.10-1 Pre-Trial Conference
-L1915.10-2 Continuances
-L1915.12   Required Certification
-L1915.13-1 Emergency Custody Relief
-L1915.13-2 Emergency Relief. Moving
-L1920.13  Interim Relief. Family Court
-L1920.16  Bifurcation
-L1920.21  Bill of Particulars. Non pros
-L1920.31  Joinder of Economic Claims
-L1920.32  Joinder of Custody Claims
-L1920.33  Joinder of Property Claims
-L1920.42  Divorce Affidavit and Decree
-L1920.43  Special Relief
-L1920.45  Counseling
-L1920.51  Hearing by Court. Master
-L1920.53  Hearing By Master. Report
-L1920.55  Exception Procedure
-L1920.71  Form of Notice to Defend
-L1930.5 Discovery
-L2039  Minor's Compromise, Settlement
-L2232  Notice of Pendency of Action
-L4005  Interrogatory Limits

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▪ Rules Home Page ▪ Rules of Civil Procedure ▪ Contents ▪

ARBITRATION

L1301. Cases for Submission.

A. All civil cases that fall within the jurisdictional limits set by Section 7361 of the Judicial Code, 42 Pa. C.S. §7361, shall be submitted to compulsory arbitration, in accordance with the provisions of Section 7361. The amount in controversy generally will be determined from the pleadings. The court on its own motion, or on the motion of any party may, based upon affidavits, depositions, stipulation of counsel or after hearing, determine that the amount actually in controversy does not exceed the jurisdictional amount for arbitration and may enter an order submitting the case to compulsory arbitration.

B. If a case is subject to compulsory arbitration, the case monitoring notice required by rule L205.2(b)A shall be marked accordingly (with the time required for discovery indicated) and filed in accordance with rules L205 and L1007.

L1302. List of Arbitrators.

A. The court administrator shall keep a current list of all members of the bar qualified and willing to act as arbitrators. Any new member of the bar will be automatically placed on the list, by the court administrator.

B. Any attorney not wishing to serve as an arbitrator shall notify the court administrator in writing and his or her name will be removed from the list, except that such resignation shall not affect his or her obligation or qualification to serve as an arbitrator upon any case to which he or she has already been appointed by the court.

L1302.1. Appointment of Arbitration Panels. Substitution.

A. Once every four months, the court administrator shall select the names of sixty-four attorneys from the list of arbitrators, for appointment to one of sixteen panels of four attorneys each. No more than one member of a particular family, firm, professional corporation, or association shall be nominated to serve on one panel.

B. Each panel will consist of three arbitrators and a substitute. Notice of the appointment shall be sent to the members of the panel by the court administrator’s office.

C. In the event an arbitrator is unable to serve as appointed, he or she must notify the substitute of the conflict and then notify the court administrator, as well as the other members of the panel and the parties or counsel of record, of the substitution. In the event the substitute has already been called into service by another arbitrator on that panel or is otherwise unable to serve, the arbitrator shall contact the court administrator for the selection of an alternate arbitrator.

D. Each panel will be appointed to sit for one full day during the four-month period and hear up to two cases on that day, which will be scheduled for one-half day each.

L1303. Scheduling of Hearings and Notice of Appointment.

A. The court calendar shall set aside four days per month for arbitration hearings, providing for the scheduling of eight half-day hearings each month.

B. Upon receipt of an order directing the scheduling of an arbitration hearing, the court administrator shall schedule the case for a one-half day hearing, to commence at either nine o'clock a.m. or one o'clock p.m. Notice of the date and time of the hearing and of the arbitrator appointments shall be sent by the court administrator’s office to the parties or their attorneys and to the members of the panel designated to sit that day, at least sixty days prior to the date of the hearing.

L1304. Arbitrator’s Questions. Arbitrators shall exercise reasonable restraint in the questioning of witnesses.

L1304.1. Continuances.

A. Continuances shall be granted only by court order for good cause shown. A continuance request shall be submitted in writing to the court scheduling technician as required by rule L216C, not later than one week prior to the scheduled arbitration hearing, and served on all arbitration panel members and all parties or counsel of record. If the request is granted less than one week prior to the hearing, the requesting party or counsel shall contact the panel members and all parties or counsel of record by telephone, fax or email to inform them of the continuance.

B. When an arbitration has been continued, the court administrator shall reschedule the arbitration for an available arbitration day, at least sixty days from the date of the continuance.

C. Upon failure of a party to appear at a scheduled arbitration hearing, the arbitrators shall proceed ex parte and render an award on the merits.

L1306. Awards. After the case has been heard, the arbitrators shall make their award within ten days after the day of the hearing or the last adjournment thereof. Such award shall be noted on the award form contained in the court file, signed by all arbitrators and delivered to the prothonotary.

L1308. Compensation for Arbitrators.

A. Each of the three members of an arbitration panel shall receive compensation in the amount of $200.00 per case for which the member actually serves as an arbitrator, or $100.00 if the arbitrator appears at the date and time of the hearing but no hearing is held because either (1) the matter is settled, withdrawn or otherwise terminated at that time, or (2) was previously settled, withdrawn or otherwise terminated but the arbitrator was not so notified. If the case is settled, withdrawn or otherwise terminated and the arbitrators are so notified prior to the date scheduled for hearing, they shall not be entitled to any fee.

B. A substitute arbitrator who does not serve shall receive $50.00, unless notified prior to the date of the hearing that his or her services will not be needed.

C. Each arbitrator shall be entitled to receive additional compensation at the rate of $50.00 per hour in any case in which the actual time spent in the hearing exceeds three and one-half (3 1/2) hours.

D. Upon the filing of the board's report or award, the prothonotary shall certify to the county controller that the report or award, if any, has been filed, together with the names of the arbitrators and substitute arbitrator to be paid and the amounts to be paid to each. The county shall then pay fees as noted on the prothonotary=s certification. If an arbitrator has previously submitted a properly executed authorization form directing the donation of his or her fee to the Lycoming Law Association Foundation, the prothonotary shall so note on the certification and the county shall submit payment of that attorney’s fee to the Foundation.

L1311. Appeals. The prothonotary shall notify the court administrator of all appeals from arbitration. All arbitration appeals shall immediately be scheduled for pre-trial conference by the court administrator, for the next available trial term..

L1315. Settlements. In all cases which are settled, withdrawn, or otherwise terminated at any time prior to the arbitration hearing, the attorney for the plaintiff (or the plaintiff if acting pro se) shall so notify the court administrator and the arbitrators (including any substitute). Should the arbitrators appear for the hearing due to lack of notice that the matter had been previously settled, withdrawn or otherwise terminated, the disposition and the fact of their appearance shall be noted by the arbitrators on the award form and delivered to the prothonotary.