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PA Bulletin, Doc. No. 16-449

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1915 ]

Amendment to Rule 1915.4-1 of the Rules of Civil Procedure; No. 635 Civil Procedural Rules Doc.

[46 Pa.B. 1412]
[Saturday, March 19, 2016]

Order

Per Curiam

 And Now, this 4th day of March, 2016, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1915.4-1 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 April 1, 2016.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

Rule 1915.4-1. Alternative Hearing Procedures for Partial Custody Actions.

 (a) A custody action shall proceed as prescribed by [Rule] Pa.R.C.P. No. 1915.4-3 unless the court, by local rule, adopts the alternative hearing procedure authorized by [Rule] Pa.R.C.P. No. 1915.4-2 pursuant to which an action for partial custody may be heard by a hearing officer, except as provided in subdivision (b) [below].

 (b) Promptly after the parties' initial contact with the court as set forth in [Rule] Pa.R.C.P. No. 1915.4(a), a party may move the court for a hearing before a judge, rather than a hearing officer, in an action for partial custody where:

 (1) there are complex questions of law, fact or both[,]; or

 (2) the parties certify to the court that there are serious allegations affecting the child's welfare.

 (c) The president judge or the administrative judge of the family division of each county shall certify that custody proceedings generally are conducted in accordance with either [Rule] Pa.R.C.P. No. 1915.4-2 or [Rule] Pa.R.C.P. No. 1915.4-3. The certification shall be filed with the Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania and shall be substantially in the following form:

 I hereby certify that ______ County conducts its custody proceedings in accordance with [Rule] Pa.R.C.P. No. ______ .

_________________
(President Judge)

_________________
(Administrative Judge)

 Note: Pursuant to [Rule] Pa.R.C.P. No. 1915.4-1, the following counties have certified to the Domestic Relations Procedural Rules Committee that their custody proceedings generally are conducted in accordance with the rule specified below:

COUNTY         RULE

*  *  *  *  *

Northumberland      [1915.4-2] 1915.4-3

*  *  *  *  *

[Pa.B. Doc. No. 16-449. Filed for public inspection March 18, 2016, 9:00 a.m.]


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