THE COURTS
Title 231--RULES OF CIVIL PROCEDURE
PART III. FAMILY COURT RULES
[231 PA. CODE PART III]
Recommendation 55; Proposed Amendments to the Rules Relating to Domestic Relations Matters
[32 Pa.B. 311] The Domestic Relations Procedural Rules Committee proposes the following new rules governing family law matters. The Committee solicits comments and suggestions from all interested persons prior to submission of these proposed rules to the Supreme Court of Pennsylvania.
Written comments relating to the proposed rules must be received no later than Friday, April 19, 2002 and must be directed to:
Patricia A. Miles, Esquire
Counsel, Domestic Relations Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
Fax (717) 795-2116
E-mail patricia.miles@supreme.court.state.pa.usThe introductory comments which precede the proposed rules will not constitute part of the rules and will not officially be adopted or promulgated by the Supreme Court.
Recommendation 55
Family Court Rules Introduction
In late 2000, the Domestic Relations Procedural Rules Committee of the Pennsylvania Supreme Court first published, as Recommendation 55, a proposed new set of rules governing family law matters. Extensive comments were submitted and all were reviewed and considered by the committee. In addition, committee members met with members of the judiciary, family law practitioners, domestic relations personnel and others to hear their concerns about the proposed rules as published. As a result of the comments and suggestions received, Recommendation 55 has been revised substantially. Because of the revisions and because of the widespread interest in these family court rules, the committee is publishing the revised recommendation for further comment.
The committee's goals remain unchanged--to make it easier for the public to gain access to the family court system and to assure that family matters are concluded fairly and expeditiously. However, in order to address the major concerns expressed in the comments to the first draft, in particular the issues of cost, personnel and space, the case management requirement has been removed from the current proposal. In addition, because the Supreme Court of Pennsylvania has not mandated continuing legal education for the judiciary, the proposal to require judges presiding over family court matters to obtain certain related instruction also has been withdrawn. Nevertheless, the committee encourages judges who preside over family court matters to voluntarily avail themselves of programs in the substantive and procedural aspects of the law, as well as family and child dynamics, domestic violence and other related topics.
There also are two new provisions in this revised version of Recommendation 55. First, there is the requirement of unified docketing. Several judicial districts already assign the same primary case number to different aspects of a family law case, such as support and equitable distribution, to facilitate consistency and efficiency of operation. Second, the proposed rules allow the domestic relations sections, which often are the parties' first point of contact with the judicial system in a family matter, to facilitate the entry of agreed-upon custody orders.
Finally, it remains the committee's plan to recommend that the Supreme Court establish a set of Family Court Rules separate from the Pennsylvania Rules of Civil Procedure. The Pa.R.C.P. 1900 series originally set aside for domestic relations matters is insufficient to contain all of the rules for protection from abuse, custody, support, divorce and paternity. If a separate set of rules is established, eventually all of the rules now in the 1900 series of the Pa. Rules of Civil Procedure will be rearranged, renumbered and relocated to the Pennsylvania Family Court Rules.
TITLE 231--RULES OF CIVIL PROCEDURE
PART III. FAMILY COURT RULES
GENERAL RULES Rule 101. Actions Governed by Family Court Rules.
(a) Divorce, Annulment, Dissolution of Marriage.
(1) Equitable Distribution.
(2) Alimony/Alimony Pendente Lite.
(3) Counsel Fees, Costs and Expenses.
(4) Special Relief.
(b) Child Custody.
(1) Legal Custody.
(2) Physical Custody.
(3) Partial Custody/Visitation.
(c) Support.
(1) Child Support.
(2) Spousal Support.
(3) Modification and Enforcement.
(d) Paternity.
(e) Protection From Abuse.
Rule 102. Commencement of Action.
(a) Centralized Filing. Each judicial district shall establish a Family Court Filing Unit either as a separate and distinct office of the district's family court division, or as a separate and distinct unit of the prothonotary's or court administrator's office. Actions for divorce, annulment, child custody (except as set forth in subdivision (b) below), paternity and protection from abuse shall be commenced by filing a pleading in the Family Court Filing Unit. Child support, spousal support and alimony pendente lite actions shall be initiated at the Domestic Relations Section.
(b) Custody Agreements. If, at a support proceeding, the parties have agreed upon a schedule of custody, partial custody or visitation regarding their child(ren) and it appears that the entry of a custody order incorporating the parties' agreement will facilitate the payment and collection of child support, the conference officer, hearing officer or master may provide the parties with a form custody complaint and form custody stipulation, along with information as to where to file the completed documents and the filing fee.
(c) Unified Docketing. All actions under these Family Court Rules which involve identical parties shall be entered on the court's docket under the same primary case number. Additional letters or numbers may be added parenthetically to specify the type of action, judge assigned or other identifying information.
Rule 103. Consolidation of Family Court Matters.
(a) General Rule. To the extent it is practical and appropriate, two or more actions under these Family Court Rules involving the same parties and common questions of law and/or fact should be consolidated for hearing or trial.
(b) Trial Continuity. Whenever possible, trials before a judge or hearings before a master shall be scheduled to be heard on consecutive days. If not held on consecutive days, then the trial or hearing shall be concluded within ninety (90) days of the date of the commencement of the trial or hearing, unless a shorter time frame is required by statute or another procedural rule.
(c) Prompt Decisions.
(1) Except as provided in subdivision (2) below, in any matter brought under these Family Court Rules, a decision by a conference officer, master or judge shall be entered, filed and served upon counsel for the parties, or any party not represented by counsel, not later than fifteen (15) days after the conference, hearing or trial concludes, unless a shorter time frame is required by statute or another procedural rule.
(2) The time for entering and filing a decision may be extended if, within fifteen (15) days of the conclusion of the conference, hearing or trial, the court extends the date for such decision by order entered of record showing good cause for the extension. In no event shall an extension delay entry of the decision more than forty-five (45) days after the conclusion of the conference, hearing or trial.
Rule 104. Continuing Education for Family Court Personnel.
(a) Program Development. Courses of instruction that include, at a minimum, the following topics shall be developed or approved by the Administrative Office of Pennsylvania Courts (AOPC):
(1) The substantive law and procedural aspects of the areas of law governed by these Family Court Rules;
(2) Domestic violence;
(3) Child development;
(4) Family dynamics;
(5) Addictions and treatments;
(6) Asset valuation
(7) Community resources.
(b) Initial Training. Within one (1) year of being assigned to cases governed by these Family Court Rules, each master, hearing officer, conciliator, mediator and other court personnel designated by the president or administrative judge of the judicial district shall successfully complete the coursework developed or approved by the AOPC.
(c) Continuing Education. Each master, hearing officer, conciliator, mediator and other court personnel designated by the president or administrative judge who is assigned to cases governed by these Family Court Rules shall successfully complete six (6) hours of continuing education developed or approved by the AOPC each calendar year after the calendar year in which the initial training was completed.
(d) Compliance. The AOPC shall monitor compliance with the educational requirements of this rule.
[Pa.B. Doc. No. 02-77. Filed for public inspection January 18, 2002, 9:00 a.m.]
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