1057 Order amending Rule 1920.33 of the Rules of Civil Procedure; No. 644 civil procedural rules doc.

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1920 ]

Order Amending Rule 1920.33 of the Rules of Civil Procedure; No. 644 Civil Procedural Rules Doc.

[46 Pa.B. 3233]
[Saturday, June 25, 2016]

Order

Per Curiam

 And Now, this 10th day of June, 2016, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 45 Pa.B. 6975 (December 12, 2015):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1920.33 of the Pennsylvania Rules of Civil Procedure are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on October 1, 2016.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.33. Joinder of Related Claims. [Distribution of Property] Equitable Division. Enforcement.

 (a) [Each party shall file an inventory specifically describing all property owned or possessed at the date of separation. A party may not file a motion for the appointment of a master or a request for court action regarding equitable distribution until at least 30 days following the filing of that party's inventory. The other party shall file the inventory within 20 days of service of the moving party's inventory. The inventory shall set forth as of the date of separation:] If a pleading or petition raises a claim for equitable division of marital property under Section 3502 of the Divorce Code, the parties shall file and serve on the other party an inventory, which shall include the information in subdivisions (1) through (3) and shall be substan-tially in the form set forth in Pa.R.C.P. No. 1920.75. Within 20 days of service of the moving party's inventory, the non-moving party shall file an inventory. A party may not file a motion for the appointment of a master or a request for court action regarding equitable division until at least 30 days following the filing of that party's inventory.

 The inventory shall set forth as of the date of separation:

 (1) [a specific description of all marital property in which either or both have a legal or equitable interest individually or with any other person and the name of such other person and all marital liabilities;] a specific description of the marital assets, which either or both parties have a legal or equitable interest, individually or jointly with another person, the name of the co-owners, if applicable, and the marital liabilities, which either party incurred individually or jointly with another person, and the name of any co-debtors, if applicable;

 (2) a specific description of [all property] the assets or liabilities [that are] claimed to be non-marital and the basis for such claim; and

 (3) the estimated value of [each item of] the marital and non-marital [property] assets and the amount [of] due for each marital and non-marital liability.

 Official Note: Subdivision (c) [of this rule] provides for sanctions for failure to file an inventory as required by [this] subdivision (a). An inventory may be incomplete [where the party filing it does not know of all of the property] if a party lacks comprehensive knowledge of the assets and liabilities involved in the claim for equitable [distribution] division. Consequently, the rule does not contemplate that a party will be precluded from presenting testimony or offering evidence as to [property] assets or liabilities omitted from the inventory. The omission may be [supplied by] remedied by inclusion of the omitted information in the pre-trial statement required by subdivision (b).

 (b) Within the time required by order of court or written directive of the master or, if none, at least [sixty] 60 days before the scheduled hearing on the claim for [the determination and distribution of property, each party] equitable division, the parties 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) a list of assets, which may be in chart form, specifying:

 [(i) the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon; and

 (ii) the non-marital assets, their value, the date of the valuation, and any liens or encumbrances thereon;]

 (i) The marital assets:

 a. the value;

 b. the date of the valuation;

 c. the value of any non-marital portion;

 d. the facts and documentation upon which the party relies to support the valuation; and

 e. any liens or encumbrances associated with the asset.

 (ii) The non-marital assets:

 a. the value;

 b. the date of the valuation;

 c. the facts and documentation upon which the party relies to support the valuation; and

 d. any liens or encumbrances associated with the asset.

 (2) the name and address of [each expert whom] the expert witness(es) 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] expert'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] summarize the grounds for each opinion;

 (3) the name, address, and a short summary of the testimony of [each person] the witnesses, other than the party, whom the party intends to call at trial [as a witness];

 (4) a list of [all of the] exhibits [which] that the party expects to offer [in] into evidence[, each containing an identifying mark. Any exhibits that do not exceed]. Exhibits not exceeding three pages shall be attached to the pre-trial statement and shall have an identifying exhibit number affixed to or incorporated into the document, and [any exhibits which exceed] exhibits exceeding three pages shall be described specifically and shall have an exhibit number in the description;

 (5) the party's gross income from all sources, [each payroll deduction, and the party's net income, including] payroll deductions, net income, and the party's most recent state and federal income tax returns and pay stubs;

 (6) if the party intends to offer [any] testimony as to his or her expenses, an Expense Statement in the form required by [Rule] Pa.R.C.P. No. 1910.27(c)(2)(B);

 [(7) the value of a pension or retirement benefits, the marital portion thereof, and the facts and documentation upon which the party relies to support the valuation;

 (8)] (7) if there is a claim for counsel fees, the amount of fees to be charged, the basis for the charge, and a detailed itemization of the services rendered;

 [(9) where there is a dispute, the description and value of any items of] (8) the description and value of disputed tangible personal property, specifically the personalty contemplated by item number 25 of the form in Pa.R.C.P. No. 1920.75, the method of [evaluating] valuing each item, and the evidence, including documentation, to be offered in support of the valuation;

 [(10) a list of marital debts including the amount of each debt as of the date of separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payments made since the date of separation, and the evidence that will be offered in support of the claim;]

 (9) a list of liabilities, which may be in chart form, specifying:

 (i) The marital liabilities:

 a. amount of the liability;

 b. date of the valuation;

 c. amount of any non-marital portion;

 d. the facts and documentation upon which the party relies to support the valuation; and

 e. amount, if any, of payments made on the liabilities after the date of separation.

 (ii) The non-marital liabilities:

 a. amount of the liability;

 b. date of the valuation; and

 c. the facts and documentation upon which the party relies to support the valuation.

 [(11)] (10) a proposed resolution of the economic issues raised in the pleadings.

 (c) If a party fails to file either an inventory, as required by subdivision (a), or a pre-trial statement, as required by subdivision (b), the court may make an appropriate order under [Rule] Pa.R.C.P. No. 4019(c) governing sanctions.

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

 (2) A party [shall, except upon good cause shown,] may 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.

 (e) An order [distributing property under] entered by the court pursuant to Section 3502 of the Divorce Code may be enforced as provided by the rules governing actions for support and divorce[,] and in the Divorce Code.

Explanatory Comment—1994

 23 Pa.C.S. § 3105(a) states that an agreement is enforceable by any means available pursuant to the Divorce Code for enforcement on an order, as though the agreement were an order of court, except as otherwise provided in the agreement. Thus, although Rule 1920.33 refers only to enforcement of orders, it also applies to enforcement of agreements.

[Pa.B. Doc. No. 16-1057. Filed for public inspection June 24, 2016, 9:00 a.m.]