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PA Bulletin, Doc. No. 98-2108

THE COURTS

DELAWARE COUNTY

Rescission and Re-Adoption of Civil Rule *1920.54; Misc. No. 90-18200

[28 Pa.B. 6295]

Order

   And Now, this 17th day of November, 1998, it is hereby Ordered that Civil Rule *1920.54 in its present form be rescinded in its entirety and re-adopted as follows:

Rule *1920.54--Hearing by Master. Report. Related Claims.

   (d)  Once the ancillary claims for property division, alimony and counsel fees/expenses are ripe for determination, either party may file a motion for a case management conference with the Office of Judicial Support which will then be forwarded to the Court Administrator. This motion should be in substantially the following form:

(Caption)

MOTION FOR CASE MANAGEMENT CONFERENCE

   1.  The moving party is ______ , the (plaintiff or defendant) in the above matter.

   2.  Respondent is ______ , the (plaintiff or defendant) in the above matter.

   3.  The moving party represents that both parties have filed affidavits of consent and the case is ripe for equitable distribution; or that plaintiff has filed and served a 3301(d) affidavit to which no counter-affidavit has been filed; or that a fault divorce master has recommended that a divorce be granted and no exceptions have been filed.

   4.  (Moving party) respectfully requests that the matter be scheduled for a case management conference.

Respectfully submitted,
BY: ______

   As a condition precedent to the scheduling of a case management conference for the disposition of the outstanding ancillary claims, one of the following must have occurred:

   1.  Both parties have executed and filed affidavits of consent pursuant to § 3301(c) of the Divorce Code; 2) one party has filed and served a 3301(d) affidavit and all accompanying materials pursuant to the Pennsylvania Rules of Civil Procedure, and twenty (20) days have passed from service thereof without a counter-affidavit having been filed refuting either the allegation of a two year separation or the allegation of an irretrievable breakdown of the marriage; 3) a recommendation for a fault divorce has been issued by a divorce master and no exceptions have been taken thereto; or, if exceptions have been taken, those exceptions have been resolved by the court in favor of upholding the master's recommendation.

   (e)  The Court Administrator shall then schedule a case management conference before a hearing officer. At the conclusion of the case management conference, a case management order shall be issued which shall include: 1) a listing of document production or other discovery required; 2) a schedule for such discovery/document production; 3) a due date for the parties' pre-trial statements; 4) a date for a pre-trial conference; and 5) such other matters necessary to prepare the case for the pre-trial conference as the hearing officer shall deem appropriate.

   (f)  At the pre-trial conference, the hearing officer will discuss the issues applicable to the case as well as potential settlement. The hearing officer will also resolve any outstanding discovery issues. At the conclusion of the pre-trial conference, in the discretion of the hearing officer, the case will be assigned either a date for another pre-trial conference or a hearing date.

   (g)  The parties must be present at the hearing and prepared to present testimony and/or documentary evidence. The hearing will be a non-record hearing. However, on application of a party, and in the sole discretion of the hearing officer, the hearing or portions thereof may be reported (and transcribed). It shall be the obligation of the party requesting reporting (and transcription) to make the necessary arrangements therefor.

   (h)  All case management conferences, pre-trial conferences and hearings shall be held in the courthouse complex or other authorized facilities.

   (i)  Hearings shall be conducted in accordance with the Pennsylvania Rules of Evidence. A party may, however, offer into evidence without formal proof certain forms of documentary evidence in the nature of real estate and personal property appraisals, estimates of value or worth, listings of fees and costs, actuarial and other economic reports, as well as the official or certified record of any governmental or judicial body, provided that true and correct copies of all such documentary evidence have been provided to the adverse party no later than the date for pre-trial conference, unless the time has been extended by the hearing officer.

By the Court

A. LEO SERENI,   
President Judge

[Pa.B. Doc. No. 98-2108. Filed for public inspection December 24, 1998, 9:00 a.m.]


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