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- Date of Hearing.
The hearing shall be held at the place and time designated
by the arbitrator or chief arbitrator. The arbitrator or chief arbitrator
shall fix a time and date of hearings within ninety (90) days of appointment
and shall notify the arbitrators and all parties.
- Continuances
1.) In the event that counsel for any party is unable
to proceed within the time set for arbitration by the judge, counsel shall
notify the arbitrator who may extend the date if approved by the judge.
2.) When a case has been continued two times after
assignment, the Court shall have the power to make an appropriate order,
including any order of dismissal for want of prosecution, or an order that
the case be heard and an award made whether or not a party appears.
C. Default of Party
The arbitration may proceed in the absence of any party who
after due notice fails to be present or fails to obtain a continuance. An
award shall not be made solely on the default of a party. The arbitrator,
panel shall require the appearing party to submit such evidence as they may
require for the making of an award.
D. Conduct of Hearings
1.) The arbitrator(s) shall be determine the relevancy
and materiality of the evidence offered. Conformity to rules of evidence
shall not be necessary. All evidence shall be taken in the presence of the
arbitrators and of all the parties, except where any party is absent, in
default, or any party has waived the right to be present. The panel or
arbitrator may receive the evidence of witnesses by affidavit or written
report and shall give it such weight as they deem it is entitled to after
consideration of any objections made to its admission. Depositions made used
in conformity with the Civil Rules.
- Counsel shall, upon request, whenever possible, produce a party or
witnesses at the hearing without the necessity of a subpoena.
- The panel or arbitrator shall have the general powers of a court,
including, but not limited to, the following powers:
a.) To cause the issuance of subpoenas to witnesses to appear.
b.) To compel the production of all books, papers and documents
which they shall deem material to the case.
c.) To administer oaths or affirmations to witnesses.
- Supervisory Powers of the Court.
The Court retains full supervisory powers with regard to
any questions that arise in arbitration proceedings and in the application of
these rules.
- Witness fees.
Witness fees in any case referred to arbitration shall be
the same as for witnesses in trials in the Common Pleas Court and may be
ordered taxed as costs of the case. The costs shall be paid as recommended by
the arbitrator or panel.
H. Transcript of Testimony.
The arbitrators shall not be required to make a transcript
of the proceedings before them. If any party wants a transcript, the party
shall provide a court reporter at the party’s own expense which shall not be
considered costs in the case.
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