37 Pa. Code § 171.7 - Election of jurisdiction
(a)
The commencement of a claim with the Administrator after January 31, 1981,
shall constitute a consent of the plaintiff to the jurisdiction of the
arbitration panels for proceedings under the act and this chapter. Thereafter,
each defendant and additional defendant shall have the right to file an
Election of Jurisdiction form requesting transfer of the claim to a court of
common pleas with venue. Failure to file the Election of Jurisdiction form
requesting transfer within 40 days after service of the initial process upon
the defendant or additional defendant shall constitute consent to the
jurisdiction of the arbitration panels for proceedings under the act and this
chapter. The Election of Jurisdiction shall be made on the form set forth in
§
171.155 (relating to form for
Election of Jurisdiction). Also, the parties may consent to jurisdiction by
written stipulation filed with the Administrator. No action will be taken by
the Administrator on any praecipe, motion, preliminary objection or stipulation
filed in a claim until all parties to the claim consent to the jurisdiction of
the arbitration panels in one of the manners in this subsection.
(b) Any opposition to a request for transfer
of a defendant or additional defendant shall be filed within 10 days after
service of the Election of Jurisdiction form requesting the transfer. The
opposition may question the venue of the court to which transfer is requested
and the timeliness of the request to transfer and may raise any other relevant
opposition. In addition, within the 10 days after service of the Election of
Jurisdiction form requesting transfer, the plaintiff may file with the
Administrator a request to transfer the claim to a court of common pleas other
than that requested by a defendant of additional defendant, specifying the
basis for venue in the county selected by the plaintiff.
(c) The Administrator will transfer the claim
to the appropriate court of common pleas with venue following the timely filing
of an Election of Jurisdiction form requesting transfer of a claim to a court
of common pleas and the passage of time for objections. In determining which of
several courts with venue should receive the claim, preference shall be given
to the request of the plaintiff, if any.
Notes
This section cited in 37 Pa. Code § 171.6 (relating to jurisdiction of arbitration panels).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.