STATISTICAL SUMMARY COURT OF COMMON PLEAS OF PHILADELPHIA YEAR TO DATE THROUGH

1 The starting figures for 1977 reflect a transfer of 150 defendant records from the felony jury program to the felony nonjury.

DATE

Term, 19

NOTICE

No.

Defendant

VS.

TO: Counsel for Defendant

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7

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J L

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The above case has been submitted by the Arbitration Commissioner for Arbitration.

Pursuant to Rule for Arbitration III, the following date, time and place are hereby set for hearing:

MEMBER OF PANEL

COPIES TO

Please make special note of the following:

30-159 (Rev. 1/77)

1. Please read carefully the material contained in the Arbitration kit furnished herewith.

2. The Chairman shall fix a date and time for hearing not less than thirty-five (35) days and
not more than seventy-five (75) days after appointment and shall give not less than thirty
(30) days written notice to the arbitrators, parties, or their counsel for the date, time and
place of hearing.

3. If this case has been settled, or if there has been any other change of status, please notify
the Chairman IMMEDIATELY.

4. Reports and Awards of Arbitrators must be fully completed before signing by the panel mem-
bers. Any panel member signing the award in blank will be automatically disqualified from
further service.

RULES FOR COMPULSORY ARBITRATION, PHILADELPHIA COUNTY

(Adopted by the Board of Judges of the Court of Common Pleas of Philadelphia County September 23, 1971; as amended to September 15, 1977)

PHILADELPHIA ARBITRATION RULES

RULES FOR COMPULSORY ARBITRATION

Rule I. Cases for submission

A. All cases, which are now or later at issue, when the amount in controversy (exclusive of interest and costs) shall be Ten Thousand Dollars ($10,000) or less, including appeals from the Municipal Court, except those involving title to real estate or actions in equity shall be submitted and heard and decided by a Board of Arbitrators, consisting of three (3) members of the Bar of Philadelphia County, to be selected as hereinafter provided in Rule II.

B. Cases which are not at issue and whether or not suit has been filed may be referred to a Board of Arbitrators by Agreement of Reference signed by all

parties or their counsel, and when the respective counsel so desire may contain stipulations with respect to facts submitted or agreed or defenses waived. In such cases, the Agreement of Reference shall take the place of the pleadings in the case and shall be filed of record.

C. Cases in arbitration shall be ordered for hearing by filing a Certificate of Readiness, in duplicate, pursuant to the rules applicable thereto. Any case ordered for hearing by a Certificate of Readiness which does not contain a certification that the amount in controversy is in excess of Ten Thousand Dollars ($10,000) or where a determination is made that the amount in controversy does not exceed Ten Thousand Dollars ($10,000) shall be placed on the Arbitration List.

Rule II. Appointment of arbitrators from list

A. In all cases subject of arbitration the members of the Board of Arbitration shall be appointed by the Deputy Court Administrator for Arbitration from the list of members of the Bar of Philadelphia County. The members of the Bar qualified to act shall include only those engaged in the practice of their profession who have filed with the Deputy Court Administrator their consents so to act. Attorneys desiring to be eliminated from the list may so notify the Deputy Court Administrator for Arbitration by letter.

B. The list shall be divided alphabetically into three numerically equal groups. Appointment to each Board shall be made in alphabetical order, one from each group.

C. The Board of Arbitrators shall consist of three members (a lesser number is not permitted). The first named shall be Chairman of the Board. Not more than one member of a law partnership or an association of attorneys shall be appointed to the same Board, nor shall an attorney act as arbitrator who is related by blood or marriage to any party to the case or to any attorney of record in the case, or who is a law partner or an associate of any attorney of record in the case. An attorney shall not act as arbitrator in a case involving a party or party's insurance carrier either of whom he represents in other matters.

D. The Deputy Court Administrator for Arbitration shall assign to each Board appointed by him three cases which shall be taken in order from the Arbitration List.

Rule III. Hearings. When and where held: Notice

A. Hearings shall be held at a center city location at a place provided by the Chairman of the Board, unless counsel for all parties and the entire Board agree on another location. The Chairman shall fix a date and time for hearing not less than thirty-five (35) days and not more than seventy-five (75) days after the appointment of the Board of Arbitrators, and shall give at least thirty (30) days notice in writing to the Arbitrators and the parties or their counsel for the date, time and place of such hearing. This permits Chairman discretion in granting at least one continuance without necessity of Court approval. No hearings shall be fixed for Saturdays, legal holidays, or evenings, except upon agreement by counsel for all parties and the arbitrators.

B. In the event that the Chairman cannot schedule or hold a hearing within seventy-five (75) days from the date of the assignment of the case to him because of the inability of counsel for any party to proceed to hearing, the Chairman shall notify the Deputy Court Administrator who shall, subject to the direction of the Supervising Judge for Arbitration, authorize the return of that case and assign another case to that panel. Subject to the direction of the Supervising Judge for Arbitration the case so returned shall be referred to a special panel maintained by the Court for such cases in order that it may be disposed of without further delay.

C. Wherever any case has been assigned to two Boards of Arbitration without a hearing having been held, the case shall be certified by the Deputy Court Administrator for Arbitration to the Supervising Judge for Arbitration who shall summon the parties or their counsel. The Supervising Judge for Arbitration shall have the power to make any appropriate order, including an order for non pros or an order that case be heard and an award made whether or not the parties or their counsel appear.

D. When the arbitrators shall be assembled, they shall be sworn or affirmed justly and equitably to try all matters at variance submitted to them with oath

or affirmation may be administered to them by any person having authority to administer oaths, or in the absence of such person, by one of their number.

E. The Board of Arbitrators shall conduct the hearing before them with due regard to the law and according to the established rules of evidence, except for such changes as may be contained in item 4 below. Generally, rules of evidence shall be liberally construed to promote justice.

The Board shall have the general powers of a court including, but not limited to, the following powers:

1. To issue subpoenas to witnesses to appear before the Board.

2. To compel the production of all books, papers and documents which they shall deem material to the case.

3. To administer oaths or affirmations to witnesses, to determine the admissibility of evidence, to permit testimony to be offered by depositions and to decide the law and the facts of the case submitted to them.

4. In actions involving personal injury and/or damage to property, to allow bills and reports of hospitals, doctors, dentists, registered nurses, licensed practical nurses and physical therapists, bills for drugs and medical appliances, and bills for or estimates of property damage, all of such bills and estimates in an unlimited amount, to be received in evidence on their respective letters or bill heads, on condition that at least one week's written notice shall have been given to the adverse party accompanied by a copy of the bill, report or estimate to be offered in evidence.

(a) Upon good cause shown, with notice to all other parties, a party may apply to the Supervising Judge for Arbitration at least three days prior to the arbitration hearing for an order directing that the maker of a bill, report or estimate above-referred to appear as a witness or permitting the adverse party to subpoena such person, upon such conditions as the court may direct.

(b) In the event an order is not granted after application under (a), the failure of a party to call such person as a witness shall not give rise to an unfavorable inference, nor shall it be considered prejudicial to such party.

(c) A bill for property damage, or an estimate thereof shall bear a certificate of the maker that it is true and correct, and that the charge or charges appearing therein are fair, reasonable and those customarily charged.

(d) Police, weather, salary loss, or traffic signal reports, as well as standard United States Government life expectancy tables, to the extent that they are admissible in accordance with present rules of evidence, shall be admitted without formal proof as to authenticity, etc.

(e) In the case of an estimate, the party intending to offer the estimate shall forward with his notice to the adverse party together with the copy of the estimate a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or in part, attaching a copy of the receipted bill showing the items of repair made and the amount paid.

F. The Supervising Judge for Arbitration shall have full supervisory powers with regard to any questions that arise in all arbitration proceedings and in the application of these rules.

G. Witness fees in any case referred to said Board of Arbitrators shall be in the same amount as now or hereafter provided for witnesses in trials in the Common Pleas Court of Philadelphia and the costs in any case shall be paid by the same party or parties by whom they would have been paid had the case been tried in the Common Pleas Court of Philadelphia.

H. A stenographer or court reporter shall not be present nor shall any recording device be permitted at the arbitration hearing unless authorization is obtained from the court upon application made for good cause at least three days prior to such hearing, with notice to all parties.

Rule IV. Filing of report and award

A. Within fifteen (15) days after the hearing, the Board of Arbitrators shall file a report and award with the Deputy Court Administrator for Arbitration and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel. The report and award shall be signed by the arbitrators who heard the case. The Deputy Court Administrator for Arbitration shall make a note of the filing of the report and award on his docket and then file the original report and award with the Prothonotary.