2086 Amendment of Phila.Civ.R.No. *1303(g) and (j); president judge general court regulation no. 96-4

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

Amendment of Phila.Civ.R. No. *1303(g) and (j); President Judge General Court Regulation No. 96-4

[26 Pa.B. 5948]

Order

   And Now, this 26th day of November, 1996, the Board of Judges of Philadelphia County having voted to amend Phila.Civ.R. No. *1303(g) and (j), at the Board of Judges' meeting held on November 21, 1996, It Is Hereby Ordered that Phila.Civ.R. No. *1303(g) and (j) is amended as follows.

   This General Court Regulation is issued in accordance with Phila.Civ.R. No. *51 and Pa.R.C.P. No. 239 and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. As required by Pa.R.C.P. No. 239, the original General Court Regulation shall be filed with the Prothonotary in a Docket maintained for General Court Regulations issued by the President Judge of the Court of Common Pleas of Philadelphia County, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Civil Procedure Rules Committee. Copies of the Order shall also be submitted to Legal Communications, Ltd., The Legal Intelligencer, Jenkins Memorial Law Library, and the law library for the First Judicial District.

ALEX BONAVITACOLA,   
President Judge

Rule *1303.  Scheduling of Arbitration Hearings, Relistings, Consolidations.

*      *      *      *      *

   (g)  Transfer from Arbitration to Major List. A case filed as an Arbitration case may be certified as a major case [by obtaining court approval upon the filing of a Miscellaneous Arbitration Application, substantially in the form set forth hereunder.] only with court approval. A Petition for Approval to Transfer from Arbitration to Day Forward must be filed with the Prothonotary. [The request to Transfer] The Petition for Approval to Transfer will not be granted if it is made immediately before the Arbitration hearing date and it appears that the requisite pleadings have not been filed.

*      *      *      *      *

   (j)  Failure to Serve Initial Pleading or Complaint. If [the initial pleading has not been served or if] a complaint has not been filed or served by the date of the scheduled hearing, [the case will be nonprossed] 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.No. *1303(b)(5)(i) and obtained a relisting prior to the Arbitration Hearing date.

[Pa.B. Doc. No. 96-2086. Filed for public inspection December 13, 1996, 9:00 a.m.]