2398 Amendments to rules of civil procedure relating to domestic relations matters; recommendation 73

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CHS. 1910, 1915, 1920 and 1930]

Amendments to Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 73

[35 Pa.B. 6988]

   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 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, March 17, 2006 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]

By the Domestic Relations
Procedural Rules Committee

NANCY P. WALLITSCH,   
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1910. ACTIONS FOR SUPPORT

Rule 1910.11. Office Conference. Subsequent Proceedings. Order.

   (a)(1)  The office conference shall be conducted by a conference officer.

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   Official Note: Conference officers preside at office conferences under [Support] Rule 1910.11. Hearing officers preside at hearings under [Support] Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by [Divorce] Rule 1920.51.

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   (c)  At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their income and expense statements in the form required by Rule 1910.27(c), completed as set forth below.

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   (2)  For cases which are decided according to Melzer v. Witsberger, 505 Pa. 462, 480 A.2d 991 (1984), the entire income and expense statement must be completed.

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   (e)  At the conclusion of the conference or promptly thereafter, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state:

   (1)  the facts upon which the parties agree[,];

   (2)  the contentions of the parties with respect to facts upon which they disagree[,]; and

   (3)  the conference officer's recommendation[,]; if any, of

   (i)  the amount of support and by and for whom the support shall be paid[,]; and

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   (f)  If an agreement for support is not reached at the conference, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). [The order shall state] Each party shall be provided, either in person at the time of the conference or by mail, with a copy of the order and written notice that any party may, within [ten] twenty days after the date of receipt or the date of the mailing of [a copy of] the order, whichever occurs first, file a written demand with the domestic relations section for a hearing before the court.

*      *      *      *      *

   (h)  If no party demands a hearing before the court within the [ten] twenty day period, the order shall constitute a final order.

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   (j)(1)  Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing where:

   (i)  there are complex questions of law, fact or both[,]; or

   (ii)  the hearing will be protracted[,]; or

*      *      *      *      *

Explanatory Comment--2006

   The time for filing a written demand for a hearing before the court has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

Rule 1910.12. Office Conference. Hearing. Record. Exceptions. Order.

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   (b)(1)  At the conclusion of a conference attended by both parties, if an agreement for support has not been reached, and the conference and hearing are not scheduled on the same day, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e), and the parties shall be given notice of the date, time and place of a hearing. A record hearing shall be conducted by a hearing officer who must be a lawyer.

   (2)  If the defendant, having been properly served, fails to attend the conference, the court shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). Within [ten] twenty days after the date of receipt or the date of mailing of the order, whichever occurs first, either party may demand a hearing before a hearing officer. If no hearing is requested, the order shall become final.

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   Official Note: Conference officers preside at office conferences under [Support] Rule 1910.11. Hearing officers preside at hearings under [Support] Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by [Divorce] Rule 1920.51.

   (c)(1)  Except as provided in subdivision (c)(2), promptly after conclusion of the conference, a party may move the court for a separate listing of the hearing where:

   (i)  there are complex questions of law, fact or both[,]; or

   (ii)  the hearing will be protracted[,]; or

*      *      *      *      *

   (d)  The hearing officer shall receive evidence, hear argument and file with the court a report containing a recommendation with respect to the entry of an order of support. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order substantially in the form set forth in Rule 1910.27(e) stating:

   (1)  the amount of support calculated in accordance with the guidelines[,];

   (2)  by and for whom it shall be paid[,]; and

*      *      *      *      *

   (e)  The court, without hearing the parties, shall enter an interim order consistent with the proposed order of the hearing officer except upon good cause shown. [The order shall state] Each party shall be provided, either in person at the time of the hearing or by mail, with a copy of the interim order and written notice that any party may, within [ten] twenty days after the date of receipt or the date of mailing of the order, whichever occurs first, file with the domestic relations section written exceptions to [that] the report [with the domestic relations section] of the hearing officer and interim order.

   (f)  Within [ten] twenty days after the date of receipt or the date of mailing of the report by the hearing officer, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of facts, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are [demand] deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within [ten] twenty days of the date of service of the original exceptions.

   (g)  If no exceptions are filed within the [ten] twenty-day period, the interim order shall constitute a final order.

*      *      *      *      *

Explanatory Comment--2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

CHAPTER 1915. ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

Rule 1915.4-2. Office Conference. Hearing. Record. Exceptions. Order.

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   (d)  At the conclusion of the conference if an agreement relating to partial custody or visitation has not been reached, the parties shall be given notice of the date, time and place of a hearing, which may be the same day, but in no event shall be more than [45] forty-five days from the date of the conference. The hearing shall be conducted by a hearing officer who must be a lawyer, and a record shall be made of the testimony.

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   (f)  Within [10] ten days of the conclusion of the hearing, the hearing officer shall file with the court and serve upon all parties a report containing a recommendation with respect to the entry of an order of partial custody or visitation. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order, including a specific schedule for partial custody or visitation.

   (g)  Within [ten] twenty days after the date [of] the hearing officer's report [by the hearing officer] is mailed or received by the parties, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within [ten] twenty days of the date of service of the original exceptions.

   (h)  If no exceptions are filed within the [ten] twenty-day period, the court shall review the report and, if approved, enter a final order.

   (i)  If exceptions are filed, the court shall hear argument on the exceptions within [45] forty-five days of the date the last party files exceptions, and enter an appropriate final order within [15] fifteen days of argument. No motion for Post-Trial Relief may be filed to the final order.

Explanatory Comment--2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the entry of the order, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.55-2. Master's Report. Notice. Exceptions. Final Decree.

   (a)  After conclusion of the hearing, the master shall:

   (1)  file the record and the report within;

   (i)  twenty days in uncontested actions or[,];

   (ii)  thirty days after the receipt of the transcript by the master in contested actions[,]; and

*      *      *      *      *

   (b)  Within [ten] twenty days of the date of receipt or the date of mailing of the master's report and recommendation, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final decree, leave is granted to file exceptions raising those matters.

   (c)  If exceptions are filed, any other party may file exceptions within [ten] twenty days of the date of service of the original exceptions. The court shall hear argument on the exceptions and enter a final decree.

*      *      *      *      *

Explanatory Comment--2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the report and recommendation, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

Rule 1920.55-3. Master's Report. Notice. Hearing De Novo. Final Decree.

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   (b)  After the conclusion of hearing, the master shall:

   (1)  file the report within;

   (i)  twenty days in uncontested actions or [,];

   (ii)  thirty days in contested actions[,]; and

*      *      *      *      *

   (c)  Within [ten] twenty days [after] of the date the master's report is mailed or received, whichever occurs first, any party may file a written demand for a hearing de novo. If a demand is filed, the court shall hold a hearing de novo and enter a final decree.

   (d)  If no demand for de novo hearing is filed within [ten days of the date the report is mailed ] the twenty-day period, the court shall review the report and recommendation and, if approved, shall enter a final decree.

*      *      *      *      *

Explanatory Comment--2006

   The time for filing exceptions has been expanded from ten to twenty days. The purpose of this amendment is to provide ample opportunity for litigants and counsel to receive notice of the report and recommendation, to assure commonwealth-wide consistency in calculation of time for filing and to conform to applicable general civil procedural rules.

CHAPTER 1930. RULES RELATING TO DOMESTIC MATTERS GENERALLY

Rule 1930.4. Service of Original Process in Domestic Relations Matters.

   (a)  Persons Who May Serve. Original process in all domestic relations matters may be served by the sheriff or a competent adult:

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   (2)  by handing a copy;

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   Official Note: See Rule 76 for the definition of ''competent adult.'' Service upon an incarcerated person in a domestic relations action must also include notice of any hearing in such action, and specific notice of the incarcerated individual's right to apply to the court for a writ of habeas corpus ad testificandum to enable him or her to participate in the hearing. The writ is available where an incarcerated individual wishes to testify as provided by statute or rule, as well as where the individual's testimony is sought by another. Vanaman v. Cowgill, 363 Pa. Super. Ct. 602, 526 A.2d 1226 (1987). See 23 Pa.C.S.A. 4342(j) and Rule 1930.3. In determining whether a writ of habeas corpus ad testificandum should be issued, a court must weigh the factors set forth in Salemo v. Salemo, 381 Pa. Super. Ct. 632, 554 A.2d 563 (1989).

[Pa.B. Doc. No. 05-2398. Filed for public inspection December 30, 2005, 9:00 a.m.]