944 Amendment to Rule 1915.11 of the Rules of Civil Procedure; No. 641 civil procedural rules doc.  

  • Title 231—RULES OF
    CIVIL PROCEDURE

    PART I. GENERAL

    [ 231 PA. CODE CH. 1915 ]

    Amendment to Rule 1915.11 of the Rules of Civil Procedure; No. 641 Civil Procedural Rules Doc.

    [46 Pa.B. 2854]
    [Saturday, June 4, 2016]

    Order

    Per Curiam

    And Now, this 18th day of May, 2016, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

    It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1915.11 of the Pennsylvania Rules of Civil Procedure is 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 July 1, 2016.

    Annex A

    TITLE 231. RULES OF CIVIL PROCEDURE

    PART I. GENERAL

    CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

    Rule 1915.11. Appointment of Attorney for Child. [Interrogation] Interview of Child. Attendance of Child at Hearing or Conference.

     (a) The court may on its own motion, or the motion of a party, appoint an attorney to represent the child in the action. Counsel for the child shall represent the child's legal interests and zealously represent the child as any other client in an attorney-client relationship. Counsel for the child shall not perform the role of a guardian ad litem or best interests attorney. The court may assess the cost of the child's attorney upon the parties [or any of them] in such proportions as the court deems appropriate or as otherwise provided by law. The order appointing an attorney to represent the child shall be in substantially the form set forth in [Rule] Pa.R.C.P. No. 1915.19.

     (b) The court may [interrogate] interview a child, whether or not the child is the subject of the action, in open court or in chambers. The [interrogation] interview shall be conducted in the presence of the attorneys and, if permitted by the court, the parties. The attorneys shall have the right to [interrogate] interview the child under the supervision of the court. The [interrogation] interview shall be part of the record.

    *  *  *  *  *

    [Pa.B. Doc. No. 16-944. Filed for public inspection June 3, 2016, 9:00 a.m.]

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