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Addendum A Arbitration procedures for Boone, Campbell, Gallatin and Kenton Counties

Baldwin's Kentucky Revised Statutes Annotated16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court

Baldwin's Kentucky Revised Statutes Annotated
16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court
General Civil Rules--Circuit Courts
KY ULCR Add. A
Addendum A Arbitration procedures for Boone, Campbell, Gallatin and Kenton Counties
Currentness
A. Cases For Arbitration.
1. The Circuit Court may at any time order any case to be heard and decided by a Board of Arbitration, consisting of not more than three members of the Northern Kentucky Bar Association, to be selected as hereinafter provided, provided the following conditions are satisfied:
(a) The action must be at least three (3) months old unless earlier agreed to by all parties.
(b) The amount actually in controversy (exclusive of interest and cost) as determined by the court does not exceed $50,000.00 per case. Arbitration shall be permitted in cases where the amount in controversy exceeds the sum specified in the plan for mandatory arbitration where all parties to the action agree to arbitration.
(c) No party has filed written objection to an order referring a case to arbitration within ten (10) days of the filing of the referral order.
2. The attorneys may agree, prior to assignment to:
(a) One arbitrator instead of three to be selected by the Arbitration Commissioner, or
(b) Their own panel of one or three arbitrators.
3. All times provided herein shall be computed from the date the order is entered by the Circuit Clerk.
B. Exception to Order of Arbitrator.
1. Exceptions to an order placing a case on the arbitration list shall be raised by a motion filed within ten (10) days of the mailing of notice of such order, and shall be heard by the Court.
2. Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of notice of assignment and shall be heard by the Court.
C. Selection of Arbitrators.
1. Except as otherwise provided in paragraph A 2(b), in all cases subject to arbitration, the arbitrators shall be selected by the Northern Kentucky Bar Association, (hereinafter Bar Association). The Bar Association shall prepare and maintain a list of arbitrators. Members of Arbitration Boards shall be appointed by the Bar Association from the list pursuant to Paragraph D.
2. No person may be added to the list of arbitrators unless that person is an attorney authorized to practice law in the State of Kentucky and has filed with the Bar Association a written consent to serve as an arbitrator.
3. Arbitrators subsequently desiring to be deleted from the list of arbitrators may do so by notifying the Bar Association in writing.
D. Manner of Appointment. The list of arbitrators shall be divided into three equal groups designated as Arbitrator Group (a), (b), (c). Group (a) shall consist of lawyers, listed alphabetically, who are selected from the list of arbitrators by the Chief Circuit Court Judge. These attorneys must have the qualifications of a Circuit Judge. The balance of the lawyers on the list, who need not have such qualifications, shall be divided at random and then listed alphabetically into groups (b) and (c). Appointments to each board shall be made in alphabetical order, one from each group by the Bar Association.
E. Composition of Board: Disqualification from Appointment. The lawyer named from group (a) shall be Chairperson 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 be appointed to a Board who has an interest in the determination of the case or a relationship with the parties or their counsel which would interfere with an impartial consideration of the case.
F. Assignment of Cases.
1. The Bar Association shall assign one case to each Board appointed by it at the time of their appointment. Said cases shall be taken in order from the arbitration list. No case shall be assigned by the Bar Association to a Board within thirty (30) days from the time such case is ordered onto the arbitration list unless the Court directs that the case be assigned specifically within the thirty day period or in the event that a companion case may be subject to assignment within the thirty (30) day period.
2. No disclosure shall be made to the arbitrators prior to the filing of the report and award referred to in Paragraph P of any offers of settlement made by either party. Prior to the delivery of the court file to the Chairperson of the Board of Arbitrators, the Circuit Clerk shall remove from the file and retain all papers or any notations referring to demands or offers for settlement.
G. Hearings: When and Where Held: Notice.
1. Hearings shall be held at a place determined by the Chairperson, but shall not be held at the offices of any of the parties' attorneys. A hearing shall be scheduled not more than forty-five (45) days after the appointment of the Board of Arbitration and the arbitrators and the parties or their counsel shall be notified in writing at least ten (10) days before the hearing of the time and place of the hearing. The forty-five (45) day period may be extended by the Court. No hearings shall be fixed for Saturdays, legal holidays or evenings, except upon agreement by counsel for all parties and by all of the arbitrators
2. At any time prior to the decision of the Arbitrators becoming final by entry of a judgment of the Court without appeal, the parties may settle or compromise their dispute. There shall be no communications by counsel or the parties with the arbitrators concerning the merits of the controversy prior to the commencement of any arbitration hearing.
H. Inability of Party to Proceed.
1. In the event that counsel for any party of the matter is unable to proceed, the Chairperson may mark the case continued.
2. Whenever any case has been continued twice after assignment of hearing dates, said case shall be certified by the Chairperson to the Court who shall summon the parties or their counsel. The court shall have the power to make any appropriate order, including an order of dismissal for want of prosecution, or an order that the case be again assigned to a Board of Arbitration and be heard and an award made whether or not a party appears and defends.
I. Oath of Arbitrators. When the whole number of the arbitrators shall be assembled, they shall be sworn or affirmed justly and equitably to try all matters properly at issue submitted to them, which oath or affirmation may be administered to them by any person having authority to administer oaths.
J. Default of a Party. The arbitration may proceed in the absence of any party, who after due notice, fails to be present or fails to obtain an adjournment. An award shall not be made solely on the default of a party; the Board of Arbitration shall require the other party to submit such evidence as they may require for the making of an award.
K. Conduct of Hearing: General Powers
1. Although strict conformity to legal rules of evidence is not necessary, the Board shall receive only relevant and material evidence. All evidence shall be taken in the presence of the Arbitrators and the parties except where any of the parties is absent, is in default or has waived his or her right to be present. The Chairperson shall rule on all objections raised during the hearing. The Board shall receive evidence in the following forms:
(a) Sworn testimony by competent witness;
(b) The product of all discovery completed prior to the hearing;
(c) Documentary evidence, written reports of experts, provided that such evidence has been served upon the adverse parties or their counsel at least fourteen (14) days before the hearing, unless counsel otherwise agree;
(d) Procedure in Case of Estimate. In the case of an estimate, the party intending to offer the estimate shall forward with his or her 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 part, attaching a copy of the receipted bill showing the items of repair made and the amount paid.
2. All evidence shall be given such weight as the Board deems appropriate.
L. Specific Powers. The Board of Arbitration shall have the following specific powers:
1. Administering Oaths/Admissibility of Evidence. The Chairperson of the Board of Arbitration shall administer oaths or affirmations to witnesses, determine the admissibility of evidence, and/or permit testimony to be offered by deposition.
2. Refer to the Circuit Court for enforcement or other appropriate action for failure to comply with a properly issued and served subpoena to witness or for the production of evidence or documents.
M. Supervisory Powers of Court. The referring division of the Circuit Court shall have full supervisory powers with regard to any questions that arise in all arbitration proceedings and in the application of these rules.
N. Report and Award. Within fifteen (15) days after the hearing, the Chairperson of the Board of Arbitration shall file its award with the Circuit Clerk and the Bar Association and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel. An award may not exceed $50,000.00 per case, exclusive of interest. The report and award shall be signed by all of the members of the Board. In the event all three members do not agree on the finding and award, the dissenting member shall write the word “Dissents” before his signature. A minority report shall not be required unless the arbitrator elects to submit the same due to unusual circumstances.
O. Legal Effect of Report and Award; Entry of Judgment. The award, unless appealed from as herein provided, shall be final. If no appeal is taken within the time and in the manner specified therefor, the Court shall enter judgment of such award. Subsequent to the time for appeal, the prevailing party shall prepare a judgment, which shall be submitted to the assigning judge. If no judgment has been submitted to and accepted by the Court within forty-five (45) days from the date of the report and award, the Court will enter its own judgment.
P. Compensation of Arbitrators.
1. Each member of a Board of Arbitrators who has signed an award or files a minority report shall receive compensation for his or her services in each case a fee of sixty ($60.00) dollars. When more than one case arising out of the same transaction is heard at the same hearing or hearings, it shall be considered as one case insofar as compensation of the arbitrators is concerned. The members of a Board shall not be entitled to receive their fees until after filing the report and award with the Circuit Clerk. Fees paid to arbitrators shall not be taxed as costs nor follow the award as other costs.
2. The Chairperson shall receive as compensation the sum of Thirty ($30.00) Dollars for each case heard by the Board, in addition to the compensation fixed for members of the Board of Arbitration.
3. Upon referral of a matter for arbitration, all parties shall pay to the Circuit Clerk the fee for arbitration of Two Hundred Forty ($240) Dollars within thirty (30) days of assignment. Failure to pay their pro rata share of these costs shall be referred to the Circuit Court for appropriate orders.
4. In the event that a case shall be settled or dismissed sooner than 24 hours prior to the date scheduled for the hearing, the Board members shall not be entitled to the aforesaid fee. In the event that a case has been settled or dismissed within said 24 hour period, the Chairperson shall be entitled to receive a Fifty ($50.00) Dollar fee. Upon receiving notice that the case has been settled or dismissed more than 24 hours before the date set for hearing, the Bar Association shall assign another case to the same Board. The remaining funds deposited for arbitrator fees shall be used to defray the cost of administering this program and paid to the Bar Association.
Q. Right to Appeal. Any party may appeal from the action of the Board of Arbitration to the Circuit Court. The right of appeal shall be subject to the following conditions, all of which shall be complied with within thirty (30) days after the entry of the award of the Board on the docket in the office of the Clerk of Courts:
The appellant shall file with the Clerk a notice of appeal accompanied by an Affidavit within thirty (30) days that the appeal is not being taken for delay. A copy of such instruments shall be served upon opposing parties or their counsel.
R. Return to Active List. If an appeal is filed from an arbitration order, the case will be set for trial and forthwith returned to the judge who previously placed the case on the arbitration list.
S. Appeal de Novo. All cases which have been duly appealed shall be tried de novo by the Court, with or without a jury.
T. Testimony of Arbitrators on Appeal. In the event of an appeal from the award or decision of the Board of Arbitration, the arbitrators shall not be called as witnesses as to what took place before them in their official capacity as arbitrators, nor shall their award be admissible into evidence.
U. Exceptions and Reasons Therefore.
1. Any party may file exceptions with the Clerk of Courts from the decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other:
(a) That the arbitrators failed to conduct themselves in a proper manner;
(b) That the action of the Board was procured by corruption or other undue means.
2. Copies of such exceptions shall be served upon each arbitrator and shall be forthwith assigned before the Circuit Court to conduct a hearing thereon.
3. If such exceptions shall be sustained, the report of the Board shall be vacated by the Court, and the case forthwith returned to the active list of the Court and in this event the Court may withhold arbitration compensation from any one or more of the arbitrators.

Credits

HISTORY: Amended effective November 30, 1999, January 6, 1998, November 20, 1997; adopted effective January 1, 1995.
Boone, Campbell, Gallatin and Kenton Counties, General Civil Add. A, KY R BOONE CAMPBELL GALLATIN KENTON GEN CIV Add. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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