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PA Bulletin, Doc. No. 11-1264

THE COURTS

Title 255—LOCAL
COURT RULES

BUCKS COUNTY

Order Renumbering Rule of Orphans' Court Procedure 15.4B and Promulgating Rule of Orphans' Court Procedure 15.4B; No. 35766

[41 Pa.B. 4085]
[Saturday, July 30, 2011]

Order of Court

 And Now, this 27th day of June, 2011, Bucks County Rule of Orphans' Court Procedure 15.4B is hereby renumbered as Bucks County Rule of Orphans' Court Procedure 15.4C.

 Furthermore, Bucks County Rule of Orphans' Court Procedure 15.4B is hereby promulgated as follows:

Rule 15.4B. Pre-Hearing Procedures for Contested Involuntary Termination of Parental Rights.

 1. Not later than fourteen (14) days prior to the date set for hearing on a contested involuntary termination of parental rights, Petitioner(s) shall file and serve a pre-hearing statement, and not later than seven (7) days prior to the date set for hearing, Respondent(s) shall file and serve a pre-hearing statement. The pre-hearing statement shall include the following:

 (a) A factual narrative and summary of argument(s) supporting the position(s) of the filing party. If deemed relevant, reference shall be made to dependency and/or permanency proceedings which have taken place, and copies of orders and/or pleadings regarding such proceedings may be attached.

 (b) The name of each person whom the party intends to call at the hearing as a witness, including expert witnesses. Notwithstanding the three (3) page limitation set forth at (d) below, the party shall attach to the pre-hearing statement the entire report of each expert witness listed in the pre-hearing statement. This report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. The testimony of any person who is not identified in a timely filed pre-hearing statement may be excluded at the hearing. The testimony of an expert witness may not be inconsistent with or go beyond the fair scope of his or her report.

 (c) The testimony of any witness which the proponent wishes to provide by telephone shall be noted on the pre-hearing statement. Any objections to the presentation of the testimony by telephone must be made in writing and filed at least five (5) days before the hearing, or the telephone testimony will be permitted. If a timely objection is made, telephone testimony will not be permitted at the hearing without an order of court, absent extraordinary circumstances. A party seeking such an order must file a motion with the court at least three (3) days prior to the hearing.

 (d) A list of all of the exhibits which the party expects to offer in evidence, containing an identifying mark for the exhibit. Petitioner(s) shall use numbered exhibits and Respondent(s) shall use lettered exhibits. Any exhibits that do not exceed three (3) pages shall be attached to the pre-hearing statement, and all exhibits not attached to the pre-hearing statement shall be described. All exhibits shall be available for inspection by any opposing party at any time after the filing of the pre-hearing statement.

 (e) Those portions of the Children and Youth (Agency) record which are to be relied on at the hearing shall be described with sufficient specificity so as to enable all counsel to readily identify those portions of the record. Unless otherwise precluded by law, statute or court order, the entire Agency record shall be made available for inspection by any opposing party at any time after the filing of the pre-hearing statement.

 2. Only documents or other writings and portions of the Agency record listed in the pre-hearing statement may be offered in evidence at the hearing, except as rebuttal evidence, unless otherwise permitted by the court upon cause shown at the hearing.

 3. No pre-hearing statement or any modifications thereafter may be filed beyond the deadline for filing without an order of court permitting the late filing.

 4. The parties shall enter into stipulations to the fullest extent possible.

 5. Absent compelling circumstances, no continuance will be granted on the day of the hearing.

 This Order shall become effective September 1, 2011.

By the Court

SUSAN DEVLIN SCOTT 
President Judge

[Pa.B. Doc. No. 11-1264. Filed for public inspection July 29, 2011, 9:00 a.m.]


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