Penn. Brad. Cnty. 1303

As amended through January 31, 2018
Rule 1303 - Hearing. Notice
A. The Court Administrator shall fix a time, date and place of hearing, and shall notify the arbitrators, all counsel of record, and any unrepresented parties. The hearing notice shall contain 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 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."
B. All requests for continuances shall be in writing in the form set forth by local rule and shall be submitted to the Court Administrator. No continuances which have been submitted less than seven (7) days prior to the date of hearing shall be granted, except for extenuating circumstances and, in those instances, the party requesting the continuance may be required by the court to pay the board of arbitrator fees.
C. In the event that a case settles after an arbitration hearing has been scheduled, the plaintiff shall serve a copy of the discontinuance on the court administrator prior to the date of arbitration. Failure to do so, may result in the arbitrator costs being assessed upon the plaintiff.
D. At least seven (7) days before the date of the arbitration hearing, all parties shall file a trial memorandum with the Prothonotary and shall serve a copy on each party.

The trial memorandum shall include the following information:

(1) A brief statement of the facts of the claim or defense.
(2) A statement of the legal basis of the claim or defense.
(3) A list of all special damages claimed, including but not limited to lost earnings, loss of future earnings capacity, itemized medical expenses, and property damages.
(4) A list of the names and addresses of all witnesses whom that party intends to call at arbitration.
(5) A list of all exhibits to be offered by that party at arbitration. All exhibits shall be numbered prior to the arbitration.
(6) Special comments regarding legal issues.
(7) A certification that the attorney or party has made a reasonable effort to stipulate or agree to all undisputed issues of fact or law which would expedite the arbitration of the matter.
E. It is expected that the memorandum will not exceed two pages, except in unusual cases.
F. Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to call a witness who is not listed in a timely-filed arbitration memorandum.
G. Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to offer an exhibit that is not listed in a timely-filed arbitration memorandum.

Penn. Brad. Cnty. 1303

Adopted 11/20/1998, Effective 1/1/1999, Amended 1/10/2005, Effective 3/1/2005, 11/28/2006, Effective 12/22/2006.