576 Amendments to the Rules of Civil Procedure relating to domestic relations matters; recommendation 115

PART I. GENERAL

[ 231 PA. CODE CH. 1915 ]

Amendments to the Rules of Civil Procedure Relating to Domestic Relations Matters; Recommendation 115

[42 Pa.B. 1660]
[Saturday, March 31, 2012]

 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, August 3, 2012 directed to:

Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg, PA 17106-2635
Fax: [phone]
E-mail: [e-mail]

By the Domestic Relations
Procedural Rules Committee

HONORABLE KEVIN M. DOUGHERTY, 
Vice-Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

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

Rule 1915.4-4. Pre-Hearing or Pre-Trial Procedures.

 (a) Within 60 days after the initial in-person contact with the court (conciliation, mediation or conference with a conference officer), or not later than 30 days before trial, the trier of fact shall conduct a pre-trial or status conference.

 (b) Not later than five days prior to the pre-trial or status conference, each party shall file and serve upon the other party a pre-trial statement. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court:

 (1) the name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be attached to the pre-trial statement. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion;

 (2) the name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a non-expert witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized;

 (3) a list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark. Any exhibits that do not exceed three pages shall be attached to the pre-trial statement, and any exhibits which exceed three pages shall be described; and

 (4) a proposed order.

 (c) If a party fails to file a pre-trial statement as required by subdivision (b), the court may make an appropriate order under Rule 4019(c) governing sanctions.

 (d)(1) A party who fails to comply with the requirements of subdivision (b) of this rule shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein.

 (2) A party shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement.

 (3) Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial.

 (e) At the pre-trial or status conference, the following shall be considered:

 (1) The narrowing of the issues;

 (2) The entry of a scheduling order;

 (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

 (4) The limitation of the number of expert witnesses;

 (5) Settlement and/or mediation of the case;

 (6) Such other matters as may aid in the disposition of the case.

 (f) The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice.

Explanatory Comment—2012

 The Domestic Relations Procedural Rules Committee has become aware that there is a wide disparity in pre-trial procedures in custody cases among the various jurisdictions. As the committee strives to recommend best practices, this new rule establishes uniform pre-trial procedures in custody cases. The goal is to reduce custody litigation by encouraging early preparation and court intervention for purposes of expedited resolutions. The rule is based upon the pre-trial procedures in divorce cases as set forth in Rule 1920.33.

[Pa.B. Doc. No. 12-576. Filed for public inspection March 30, 2012, 9:00 a.m.]