Federal Arbitration Act Motion To Compel In Philadelphia
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Rule 302 - Venue A. An action against an individual may be brought in and only in a magisterial district where: (1) The individual may be served, or (2) The cause of action arose, or (3) a transaction or occurrence took place out of which the cause of action arose.
Collateral Orders. (a) General Rule. An appeal may be taken as of right from a collateral order of a trial court or other government unit.
Rule 1303 - Hearing. Notice (a) (1) The procedure for fixing the date, time and place of hearing before a board of arbitrators shall be prescribed by local rule, provided that not less than thirty days' notice in writing shall be given to the parties or their attorneys of record.
Code r. 1024 - Verification. (a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified.
Rule 1037.2 - Judgments by Default-Assessment of Damages (A) In order for the Office of Judicial Records to assess damages pursuant to Pa. R.C.P. 1037(b)(1) upon default for failure to answer, a complaint in an action must pray for specific items and amounts.
If, after granting the motion to compel arbitration, the district court stays the case and does not dismiss it, the FAA forbids an interlocutory appeal by the party opposing the motion to compel arbitration who desires to remain in court. See 9 U.S.C. § 16(b)(2).
1301. Except as provided hereunder, all cases having an amount in controversy, exclusive of interest and costs, of $50,000 or less shall be assigned to the Compulsory Arbitration Program of the Court of Common Pleas of Philadelphia County.
It is best practice to move to compel arbitration early in the litigation.
If a Wrongful Death claim, brought for the benefit of the appropriate intestate heirs, is raised, Court approval of settlements shall be required only where a minor or incapacitated person has an interest.