| R060-P1-B001 — Governing court/proceeding unknown. Public rule answered; classification held. |
Chapter 44 addresses district courts and civil actions, expressly including bankruptcy adversary proceedings. C005–C006; S001, S009, S025 Rule 81(a)(2). |
Statutory court category and proceeding classification. |
Every federal forum or bankruptcy matter is covered. |
Examine only generic statutory/rule definitions distinguishing an adversary proceeding from other bankruptcy matters if that classification becomes necessary. |
| B002 — Underlying federal jurisdiction unknown. Partial. |
A referral concerns an action pending before the court; Rule 82 does not enlarge jurisdiction. C008, C056–C057; S004, S011, S025. |
Applicable jurisdictional basis and its predicates. |
ADR availability creates federal jurisdiction over a debt dispute. |
A separately bounded inquiry could examine the public jurisdictional statute relevant to a generic category; no actual claim classification follows here. |
| B003 — Local implementing rule unexamined. National authority answered; local contents excluded. |
Program/local-rule duties operate under §2071 and Rule 83. C009, C020–C025; S001, S010, S025. |
Valid adoption, text, effective date, and scope of any implementing rule. |
The federal command proves a particular local requirement. |
Determine from national public rulemaking authority what conditions govern adoption and amendment; retain district-specific text as held. |
| B004 — Consideration/participation versus settlement. Answered. |
Consideration and authorized required use do not establish agreement on terms. C013–C019; S002. |
Any separate source governing agreement formation/authority. |
Attendance or consideration equals settlement consent. |
Ask whether any later generic national enactment expressly adds a settlement-outcome duty; do not investigate actual assent. |
| B005 — Arbitration consent absent. Rule answered; actual consent held. |
Current referral requires consent and safeguards, subject to §654(d). C054, C061–C062; S004. |
Applicable statutory route and legally sufficient consent procedure/evidence. |
Silence, attendance, or consent to mediation proves arbitration consent; or every preserved program necessarily requires consent. |
Examine generic national instruments implementing §654(b), while keeping actual consent records excluded. |
| B006 — Facilitation versus adjudicative effect. Answered within text. |
ADR definition includes facilitation; Chapter 44’s award/judgment mechanism is specifically arbitration. C004, C019, C077–C083; S001, S007. |
Separate law governing any resulting agreement. |
A mediated discussion automatically creates an award or judgment. |
Identify the generic statutory boundary between an agreement and a Chapter 44 award without analyzing an actual agreement. |
| B007 — Covered/excluded claim category unknown. Rule answered; classification held. |
Current exclusions separately address constitutional-right allegations and jurisdiction wholly/partly under §1343. C055–C057; S004, S011, S036. |
Legal characterization and jurisdictional basis. |
A low amount defeats those exclusions, or every civil-rights label has identical treatment. |
Read any indispensable generic incorporated civil-rights text only if a further classification component is authorized. |
| B008 — Monetary boundary unknown. Rule answered; measurement unresolved. |
Current exclusion is money damages greater than $150,000; equality alone does not trigger it. C058–C060; S004; M002–M003. |
Character of relief, valuation, aggregation, interest/cost treatment, and certification predicate. |
Cap equals total debt, affordability, or a jurisdictional minimum; old exclusions of interest/costs automatically apply. |
Check for a later public enactment or national rule expressly defining valuation/aggregation under §654(a)(3). Judicial reconciliation remains held. |
| B009 — Preserved earlier program unknown. Partial. |
§654(d) preserves a program satisfying the referenced legislative predicate. Earlier compulsory/consent structures differ. C062, C092–C108; S004, S019–S023. |
Legal qualification under preservation clause and interaction with later changes. |
A program’s age or “arbitration” label establishes grandfathering. |
Examine only later generic legislation or rulemaking addressing §654(d); no actual program or court lookup. |
| B010 — Neutral qualification unknown. Public standard answered; actual qualification held. |
Local selection processes, qualified/trained “should” language, and mandatory arbitrator certification are distinct. C030–C034; S003, S005, S012. |
Applicable standards and actual satisfaction. |
Availability, professional title, or claimed experience proves statutory qualification. |
Authenticate any national generic training/certification standard implementing these sections. |
| B011 — Conflict/waiver unknown. Public provisions answered; application held. |
§455 includes grounds, definitions, exceptions, nonwaivable grounds, limited waiver, and conditional divestiture. C035–C046; S013, S020, S024. |
Legally relevant relationship/interest/knowledge/timing and applicable local neutral standard. |
Any consent cures every conflict; any divestiture always cures disqualification. |
Resolve the original §3 OCR gap or examine a later generic statutory amendment; no person/interest inquiry. |
| B012 — Compensation/costs unknown. Partial. |
Compensation is conditional on regulations; transportation reimbursement is permissive. Historical principles are expressly nonmandatory. C049–C053, C091, C097–C100; S008, S020, S027. |
Current national regulations, applicable cost authority, and any authorized local rule. |
ADR is always free; a historical rate is a national current fee; inability to pay automatically proves a waiver. |
Authenticate the current public Guide compensation regulation and AO transportation regulations, if publicly accessible. |
| B013 — Confidentiality/award access unknown. Public text answered; complete regime unresolved. |
Confidentiality-rule duty, restricted judge access, and trial-evidence exceptions are different provisions. C018, C080, C083; S002, S007. |
Applicable national/local rules and evidentiary conditions. |
All communications are privileged against all persons; every award is publicly sealed forever. |
Check generic Chapter 131 rulemaking for implementing confidentiality rules; full privilege merits remain held. |
| B014 — Notice/service predicates absent. Public rules answered; events held. |
Award-service proof, Rule 5 demand service where applicable, and Rule 45 subpoena notice/service have different actors and conditions. C065–C066, C077, C084–C085; S007, S025. |
Applicable procedure, qualifying service/filing event, recipient category, and method. |
One notice satisfies all service obligations, or service alone starts §657’s filing-triggered period. |
Examine generic national provisions addressing the particular kind of paper, without preparing or serving one. |
| B015 — Hearing timing/record unknown. Partial. |
Current chapter supplies no universal hearing-start/transcript rule; earlier §653(b) has qualified timing. C047, C063–C076, C095; S005–S006, S020, S025. |
Current versus preserved route, applicable procedural authority, and event predicates. |
The historical 180-day rule or a deposition recording provision applies to every ADR session. |
Check later generic statutes/rules for an express arbitration-hearing timing or record requirement. |
| B016 — Award filed versus judgment entered. Answered; actual event held. |
Award filing and judgment entry are separate; entry follows the statutory trial-demand opportunity. C077–C081; S007. |
Qualifying award/service-proof filing, demand status, and entry event. |
An award announcement is already a collectible judgment. |
Examine generic statutory text addressing the legal effect of deficient award filing; actual records remain excluded. |
| B017 — Trial-demand timing/exceptions unknown. Partial. |
Written demand within 30 days after qualifying award filing; Rule 6 distinctions apply only within their scope. C081, C086–C090; S007, S025–S026. |
Trigger validity, governing procedural system, counting facts, and authority concerning enlargement. |
Automatic 33 days; a court extension is guaranteed; receipt is the statutory trigger. |
Look for an express later statute/national rule addressing §657(c)(1) extension or defective-filing effects; do not calculate a calendar. |
| B018 — Consequences/cost allocation of demand. Public comparison answered; application held. |
Current restoration/evidence rules differ from historical fee/deposit and bad-faith provisions. C082–C083, C091, C096–C100; S007, S014, S020. |
Applicable route, legally effective cost rule, favorability/good-cause/bad-faith predicates. |
Demand is always costless, or failure to improve an award always generates attorney fees. |
Determine whether later generic legislation expressly preserves or changes the former cost provisions. |
| B019 — Cross-reference/history authentication. Partial. |
Referenced 1988/1993/1994/1997/1998 instruments were read; §654(d)’s stray word and interaction issues remain visible. C062, C102–C108; S019–S023. |
Judicial reconciliation and complete later history. |
Editorial correction alone settles substantive preservation; repealed §901(c) is current authority. |
Check later enacted text expressly clarifying §654(d) or §12(a), without searching opinions/cases. |
| B020 — Standing-order authority unknown. National rule answered; actual directive excluded. |
Rule 83(b) permits consistent practice regulation, with actual-notice protection for otherwise unstated requirements. C020–C025; S010, S025. |
Nature, authority, consistency, and actual notice of any directive. |
A generic reference to a standing order proves its existence, validity, or applicability. |
Examine generic national rules distinguishing local rules from judge-specific practice regulation. |
| B021 — Enforceability/collection unknown. Statutory effect answered; remedies held. |
§657(a) specifies force/effect and a review restriction for the judgment so entered. C078–C079, C109–C110; S007. |
Actual entry and separate enforcement/remedy predicates. |
Statutory judgment language proves payment, executable assets, or lack of every possible remedy. |
A separately authorized generic judgment-enforcement component would be required; no collection inquiry in this pass. |
| B022 — Latest original/currentness gap. Partial. |
K bodies are accessible; newer paths failed; table check is bounded. Proposed rule material is not operative. C001–C003; S025, S028–S034. |
Complete later session-law/rulemaking chain and some original amendment bodies. |
Host timestamp or failed access proves law is unchanged or absent. |
Recheck official current section bodies and public-law classification/enactment materials through the later check date. |
| B023 — Private FAA/administrative/other forum. Excluded with reason. |
Chapter 44 definition and Title 9 savings clause do not establish another process’s law. C004, C007, C110; S001. |
Separate governing public law and permitted scope. |
Chapter 44 demand/review rules govern every arbitration clause or agency proceeding. |
Separate authorization would be needed for the broader FAA or administrative ADR framework. |
| B024 — Funding versus entitlement. Answered; actual funding excluded. |
Program support and appropriations authorization do not prove appropriations, allocation, free services, or settlement payment. C012, C049–C053, C107; S001, S008, S019–S023, S027. |
Actual appropriation and applicable generic compensation authority; award/program facts held. |
“Authorized” means funded or payable to a litigant. |
Examine a public appropriations provision only if needed for a consequential generic funding claim; no grantee/program/award search. |