2330 Amendments to the rules of civil procedure relating to domestic relations matters; recommendation 87

PART I.  GENERAL

[231 PA. CODE CH. 1930]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 87

[36 Pa.B. 7237]
[Saturday, December 2, 2006]

   The Domestic Relations Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend the Rules of Civil Procedure relating to domestic relations matters as set forth herein. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

   Notes and explanatory comments which appear with proposed amendments have been inserted by the committee for the convenience of those using the rules. Reports, notes and comments will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court.

   The committee solicits and welcomes comments and suggestions from all interested persons prior to submission of this proposal to the Supreme Court of Pennsylvania. Please submit written comments no later than Friday, January 19, 2007 directed to:

   Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
FAX [phone]
E-mail:  [e-mail]

   Deleted material is bold and bracketed. New material is bold.

By the Domestic Relations
Procedural Rules Committee

NANCY P. WALLITSCH, Esq.,   
Chair

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1930.  RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY

Rule 1930.5.  Discovery in Domestic Relations Matters.

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   (b)  Discovery shall be available without leave of court in accordance with Pa.R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and expense and complex support and complex custody proceedings.

Explanatory Comment--1997

   Whether a support case is complex is to be determined by motion before the court for a separate listing pursuant to Rules 1910.11(j)(1) and 1910.12(c)(1). It is not necessary, however, to have a case listed separately on grounds of complexity of factual or legal issues in order to engage in discovery. If discovery is needed in a support case which does not require a separate listing, the court should grant leave to engage in it.

[Explanatory Comment--2000

   Subdivision (b) has been amended to clarify that the adjective ''complex'' applies only to a support proceeding.]

Explanatory Comment--2007

   Subdivision (b) has been amended to permit discovery in complex custody cases. Examples of complex custody cases include, but are not limited to, those involving initial determinations of primary custody, a change in primary custody, relocation or matters in which there are allegations of abuse or neglect.

[Pa.B. Doc. No. 06-2330. Filed for public inspection December 1, 2006, 9:00 a.m.]