PART I. GENERAL
[ 231 PA. CODE CH. 1915 ]
Order Adopting Rule 1915.3-1 and Amending Rule 1915.4 of the Rules of Civil Procedure; No. 583 Civil Procedural Rules Doc.
[43 Pa.B. 3936]
[Saturday, July 13, 2013]
And Now, this 25th day of June, 2013, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 42 Pa.B. 7408 (December 8, 2012):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1915.3-1 of the Pennsylvania Rules of Civil Procedure is adopted and Rule 1915.4 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 in 30 days on July 25, 2013.
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1915. ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN
(Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 1915.3-1. Withdrawal of Pleading. Discontinuance of Action.
(a) Withdrawal of Pleading. A custody pleading cannot be withdrawn after the issuance of a scheduling order or notice of conference regarding claims made in the pleading except
(1) by leave of court after notice to the non-moving party, or
(2) by written agreement of the parties.
(b) Discontinuance of a Custody Action.
(1) A custody action may be discontinued by praecipe only upon a verified statement by the moving party that the complaint has not been served.
(2) A custody action cannot be discontinued after the complaint has been served except
(A) by leave of court after notice to the non-moving party, or
(B) by written agreement of the parties.
Rule 1915.4. Prompt Disposition of Custody Cases.
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(b) Listing Trials Before the Court. Depending upon the procedure in the judicial district, within 180 days of the filing of the complaint either the court shall automatically enter an order scheduling a trial before a judge or a party shall file a praecipe, motion or request for trial, except as otherwise provided in this subdivision. If it is not the practice of the court to automatically schedule trials and neither party files a praecipe, motion or request for trial within 180 days of filing of the pleading, the court shall, sua sponte or on motion of a party, dismiss the matter unless [the moving] a party has been granted an extension for good cause shown, [which] or the court finds that dismissal is not in the best interests of the child. The extension shall not exceed 60 days beyond the 180 day limit. A further reasonable extension may be granted by the court upon agreement of the parties or when the court finds, on the record, compelling circumstances for a further reasonable extension. If an extension is granted and, thereafter, neither party files a praecipe, motion or request for trial within the time period allowed by the extension, the court shall, sua sponte or on the motion of a party, dismiss the matter unless the court finds that dismissal is not in the best interests of the child. A motion to dismiss, pursuant to this rule, shall be filed and served upon the opposing party. The opposing party shall have 20 days from the date of service to file an objection. If no objection is filed, the court shall dismiss the case. Prior to a sua sponte dismissal, the court shall notify the parties of an intent to dismiss the case unless an objection is filed within 20 days of the date of the notice.
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[Pa.B. Doc. No. 13-1239. Filed for public inspection July 12, 2013, 9:00 a.m.]
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