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Local Rules of the Court of Common Pleas Of Mercer County
Rules of Civil Procedure
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CIVIL ACTIONS ACTIONS AT LAW
R.C.P. 1001 to 1038
NOTICE TO DEFEND
The organization to be named in The Notice to Defend from whom legal
help can be obtained is:
Mercer County Lawyers Referral Service
c/o Mercer County Bar
Association
P.O. BOX 1302
Hermitage, PA 16148
Telephone: (724)
342-3111
Order
And now, this 4th day of March, 1996. It Is
Hereby Ordered and Decreed that Local Rule L1018.1 concerning Civil Actions
is hereby revised and shall become effective thirty (30) days after publication
in the Pennsylvania Bulletin and shall apply to all civil actions filed after
that date.
AMENDMENT
Whenever an amended pleading is filed involving more than one paragraph
of the original pleading, it shall be a complete pleading and not merely the
amendments to the former pleadings. The amended pleading shall clearly indicate
that it is an amended pleading and the paragraphs shall be re-numbered.
MOTION FOR JUDGMENT ON THE PLEADINGS
A motion for judgment on the pleadings shall set forth the reasons on
which it is based.
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FORM OF JUDGMENTS ON ORDER
Any order entered under subsection R.C.P. 1066 (b) (1) shall include a
description of the property.
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CASES FOR SUBMISSION
All cases which are now or later at issue where the amount in
controversy shall be twenty thousand dollars ($20,000) or less, exclusive of
interest and costs, except those involving title to real estate, shall be
submitted to and heard by a board of arbitrators consisting of three (3)
members of the Bar in active practice in this county.
Order
And now, this 12th day of August, 1992. It Is
Hereby Ordered and Decreed that Local Rule L1301, concerning compulsory
arbitration limits, is hereby revised and shall apply to all cases which are at
issue on or after October 1, 1992.
APPOINTMENT OF ARBITRATORS
- Upon the filing of a praecipe for arbitration, the prothonotary shall
notify the court administrator who shall thereupon nominate a board of
potential arbitrators consisting of three (3) attorneys, plus one (1) attorney
for each counsel of record and each unrepresented party. The nomination shall
be made from a list of members of the bar qualified to act as arbitrators,
which shall be kept by the court administrator. Nomination shall be made in the
order of listing, except where attorneys are excused on account of incapacity
or illness, or for other reasons herein set forth. Not more than one (I) member
of a firm or association of attorneys shall be appointed to the same board and
no members of a firm or association of attorneys shall be appointed to a board
to hear a case where another member of such firm or association of attorneys is
counsel for any of the parties litigant.
- The list of attorneys nominated to the potential board shall be sent
by the court administrator to the attorney for each party and to each
unrepresented party. Each such party may strike off one (1) attorney so named
and return the list to the court administrator within five (5) days of receipt.
The remaining three (3) attorneys shall constitute the board of arbitration. If
both or all parties strike the same name or no name from the list, the first
three (3) remaining names will make up the board.
- As soon as the court administrator receives the returned list from
the parties, or after (5) days if a list is not returned, he shall notify the
prothonotary of the arbitrators selected. The prothonotary shall, within ten
(10) days, notify the arbitrators in writing of their selection. Arbitrators so
appointed shall not be excused from service except by the court administrator
upon cause shown.
- The first member listed for a board who has been admitted to the
practice of law not less than three (3) years shall be chairman of the board
and shall be responsible for the setting of the date and place of hearing, for
giving notice thereof to opposing counsel and to the prothonotary, and for the
filing of the board's report and award if any.
- If, after a date for hearing has been fixed, the chairman shall
continue the hearing for any reason, the continued hearing shall be held within
thirty (30) days of the date originally fixed.
- The members of the board shall be sworn as arbitrators, before
entering upon their duties, by a person authorized to administer oaths.
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COMPENSATION OF ARBITRATORS
- Each member of the board of arbitrators shall be paid by the county a
fee, as fixed by the court from time to time, for each case heard, upon the
filing of the board's report and award, if any.
- Upon the filing of the board's report or award, the prothonotary
shall certify to the county commissioners and to the county controller that the
report and award, if any, has been filed, together with the names of the
members of the board serving in the case, and thereupon the county shall pay
the aforesaid fee to each member of the board serving in the case.
- In the event that a case shall be settled or withdrawn or otherwise
terminated by or between the parties before the board members have been sworn,
the board members shall not be entitled to the aforesaid fee. The attorney for
the plaintiff in such case shall file a praecipe with the prothonotary,
requesting that the board so appointed be vacated and that the prothonotary
assign the board to hear the next case proper for arbitration. The prothonotary
shall not mark or certify a case settled and discontinued until the attorney
for the plaintiff has presented his praecipe vacating the board and requesting
their reassignment. Once the praecipe has been filed, the court administrator
will promptly reassign these members to the next arbitration case for which no
board had been assigned prior thereto. In the event that anyone shall be
disqualified from serving upon the next case, then such disqualified members
shall be appointed to a board of arbitration upon the first case for which he
may be eligible.
- In the event that a case shall be settled or withdrawn or otherwise
terminated by or between the parties after the board members have been sworn,
but before the filing of the board's report and award, if any, the board shall
not be required to file any report or award, but its members shall be entitled
to the aforesaid fee, and the prothonotary shall so certify such settlement,
withdrawal, or other termination of the case by the parties to the county
commissioners and to the county controller for that purpose and the board of
arbitrators shall be paid their fee.
- The fees payable or paid to the members of the board of arbitrators
under these rules shall not be taxed as costs, nor follow the award with other
costs.
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