Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 99-1366

THE COURTS

Rules of Civil Procedure Nos. 1920.42(c) and 1920.53(g), (h)(2); S-1425-99

[29 Pa.B. 4435]

   And Now, this 5th day of August, 1999, at 10 a.m., the Court hereby amends Schuylkill County Rules of Civil Procedure 1920.53(g), (h)(2) and Rule 1920.42(c) for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). This rule shall be effective thirty days after publication in the Pennsylvania Bulletin.

   The Prothonotary of Schuylkill County is Ordered and Directed to do the following:

   1)  File ten (10) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.

   2)  File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text in the hard copy version.

   3)  File one (1) certified copy of this Order and Rule with the Pennsylvania Civil Procedural Rules Committee.

   4)  Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.

   5)  Keep continuously available for public inspection copies of this Order and Rule.

By the Court

WILLIAM E. BALDWIN,   
President Judge

Rule 1920.53.

(g)(1) In a contested case the testimony given at a Master's hearing shall be taken by an official court reporter who shall be paid an appearance fee by the party first moving for the appointment of the Master.

   (2)  Upon the closing of the record at the Master's Hearing the parties may agree to those portions of therecord to be transcribed, or the Master may direct that all or a portion of the record shall be transcribed. The Master may make an interim allocation of the transcript fees which shall be paid pursuant to Pa.R.J.A. 5000.6.

   (3)  Within five days after the filing of exceptions to the Master's report, the party raising exceptions shall request a transcript of all of the testimony pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of the transcript pursuant to Pa.R.J.A. 5000.6.

   (i)  If both parties file exceptions to the Master's report, they shall equally bear the cost of the transcript.

   (4)  In the event of the failure of an excepting part within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law as required by these Rules or Order of Court, the exceptions may be deemed to have been withdrawn and may be dismissed by the court.

   (5)  Upon payment of all fees, the court reporter shall certify the transcript and shall give notice to the Master and to the parties that the transcript has been certified. All objections to the transcript shall be raised within 10 days after the date of the notice of the certification, or the objections are deemed to be waived.

(h)(2)  The Master's report shall be filed:

   (1)  within 30 days after the closing of the record; or

   (2)  within 30 days after the notice of the certification of the transcript by the court stenographer when a transcript has been requested; or,

   (3)  within 30 days after the final memorandum or brief is due, whichever last occurs.

Rule 1920.42.  Affidavit and Decree Under Section 3301(c) or 3301(d) of the Divorce Code.

   (c)  In the absence of a Waiver of Notice, a praecipe presented under Pa.R.C.P. 1920.42(a) shall contain a certification by the presenting party or their counsel that advance notice of the presentation of the praecipe was delivered to the opposing party or to his attorney in accordance with Pa.R.C.P.1920.42(d). Where no appearance has been entered on behalf of the defendant, notice shall be served on the defendant in like manner as a complaint (see Pa.R.C.P. 1920.4. Service).

[Pa.B. Doc. No. 99-1366. Filed for public inspection August 20, 1999, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.