(a) Matters Subject to Arbitration. A claim filed prior to September 1, 2019 is subject to civil arbitration if it does not exceed fifty thousand dollars ($50,000), exclusive of attorney fees, interest and costs. A claim filed after September 1, 2019 is subject to civil arbitration if it does not exceed one hundred thousand dollars ($100,000), exclusive of attorney fees, interest and costs.
(b) Statement of Arbitrability. A party believing a case to be suitable for mandatory arbitration pursuant to SCCAR 1.2 shall file a statement of arbitrability upon a form prescribed by the Court before the case schedule deadline. After the date indicated on the case schedule has passed, the party wishing to transfer a case to arbitration must obtain an order from the Court upon a showing of good cause.
(c) Response to a Statement of Arbitrability.
(1) Within 14 days after the statement of arbitrability is served and filed, a party who objects to the statement of arbitrability, on the ground that the objecting party’s own claim or counterclaim is not arbitrable, shall serve and file a response on a form prescribed by the Court. If such a response is timely served and filed, the matter shall be administratively removed from arbitration. In the absence of such timely response, the statement of arbitrability shall be deemed correct. A party who fails to serve and file a response within the time prescribed may later do so only upon leave of the Court for good cause shown.
(2) A party who objects to a statement of arbitrability on the ground that a claim of the party who filed the statement is not subject to arbitration shall note a motion before the assigned judge.
(d) Filing Amendments. A party may amend or withdraw a statement of arbitrability or response at any time before assignment of an arbitrator and thereafter only upon leave of the court for good cause shown.
(e) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1(b) will be placed on the arbitration calendar regardless of the nature of the case or amount in controversy, by leave of the Court.
(f) Case Schedule Stricken. Upon transfer of the case to arbitration, the case schedule is stricken.
[Amended effective September 1, 1981; June 10, 1982; January 1, 1990; September 1, 1992; September 1, 2003; September 1, 2009; September 1, 2017, September 1,2020.]