Rule 103. Plaintiff's Choice

(a) Plaintiff's Choice. For every case in the FASTAR program, the plaintiff alone has the choice of proceeding by Fast Trial or Alternative Resolution. (b) Manner of Choosing. When filing the complaint, or not later than 20 days after the first filing by any defendant, the plaintiff must file and serve on the defendant a Form 103(b) “Choice Certificate.” The Choice Certificate must state whether the plaintiff chooses to proceed by Fast Trial or by Alternative Resolution. (c) Failure to Choose. If the plaintiff does not timely file a Choice Certificate, the case will proceed by Fast Trial. (d) Effect of a Counterclaim, Cross-claim, or Third-Party Complaint. (1) If the case includes a counterclaim, cross-claim, or third-party complaint, the action will proceed by Fast Trial if the plaintiff timely made that choice in the plaintiff's Choice Certificate, or if the plaintiff failed to file a timely Choice Certificate. A defendant, counterclaimant, cross-claimant, or third-party plaintiff has no right under these rules to make the choice or to file a Choice Certificate. (2) If the case includes a counterclaim, cross-claim, or third-party complaint, the action will proceed by Alternative Resolution if the plaintiff timely made that choice in the plaintiff's Choice Certificate.