THE COURTS
Title 255—LOCAL COURT RULES
MONTGOMERY COUNTY
Amendment to Local Rules of Civil Procedure No. 1012*, 1568*(a), 1920.33*(f), 1920.51*(f), 1920.55-1*(c), 1920.73(c), 4019* and 4019.1*; No. 2021-00001
[51 Pa.B. 1984]
[Saturday, April 10, 2021]
Order And Now, this 29th day of March, 2021, the Court hereby Amends Montgomery County Local Rules of Civil Procedure No. 1012*, 1568*(a), 1920.33*(f), 1920.51*(f), 1920.55-1*(c), 1920.73(c), 4019* and 4019.1*. These Amended Rules shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.
The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.J.A. 103, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court. This Order shall also be published on the Court's website and incorporated into the complete set of the Court's Local Rules.
By the Court
THOMAS M. DelRICCI,
President JudgeRule 1012*. Entry and Withdrawal of Appearance.
(a) * * *
(b) No attorney shall represent the interest of a party to any civil action in the Court or before a Domestic Relations Hearing Officer, or special [Master] Hearing Officer or Conciliator appointed by the Court unless or until the attorney files a written entry of appearance, or until said attorney's name appears of record on the docket per section (a) above.
(c) * * *
Rule 1568*(a). Public Sale, Notice.
(a) Except as otherwise provided by act of assembly or special order of Court, notice of the time and place of the sale of a property at public auction by a [Master] Hearing Officer in partition shall be given by publication once a week for three successive weeks immediately preceding such sale in the legal periodical designated by Rule 430(b)(1)* and in one daily newspaper of general circulation, in each county where any part of the property lies, such publications to appear in all editions of such newspapers published on the days the same appears; by posting the property to be sold, and by the circulation of at least 50 handbills among those who may be known to be interested in buying the property and in the neighborhood in which it is situate. Whenever a property or properties so sold lie in different counties the first publication shall be made at least 60 days before the date of the sale.
Rule 1920.33*(f). Initial Hearing Statement—Pre-Trial Statement—Sanctions.
(1) No later than 10 days prior to the date of the first hearing before the [equitable distribution master] Equitable Distribution Hearing Officer, an initial hearing statement shall be filed which shall include the following:
a. * * *
b. * * *
c. * * *
d. * * *
e. * * *
f. * * *
g. * * *
h. * * *
i. * * *
(2) No later than 20 days prior to the date of any subsequent hearing before the [equitable distribution master] Equitable Distribution Hearing Officer, each party shall file the pre-trial statement, in the form required by subdivision (b) of this rule.
(3) The failure of any party to comply with any provision subsection of Local Rule 1920.33(f) may subject that party to sanctions under Rule 4019(c) and the barring 1920.33(d).
The [equitable distribution master] Equitable Distribution Hearing Officer shall have the authority to implement the provisions of this subsection or may request that the Court enter an appropriate order to implement the provisions of this subsection.
(4) * * *
Rule 1920.51*(f). Dissolution of the Marital Status, Appointment of [Master] Hearing Officer, Notice of Hearing.
(1) Appointment of [Master] Hearing Officer. Any [Master] Hearing Officer appointed pursuant to Rule 1920.51(a)(2)(i) shall be an active member of the Montgomery Bar Association.
(2) Notice of Hearing. Notice of the first hearing before the [Master] Hearing Officer shall be sent by the [Master] Hearing Officer at least 10 days prior to said hearing.
(3) Notice of Filing [Master's] Hearing Officer's Report. Upon the filing of a report by the [Master] Hearing Officer in divorce with the Prothonotary, the [Master] Hearing Officer shall forthwith send written notice to the attorneys of record, and if a party is not represented by counsel, to that party and to the guardian ad litem of a minor or incompetent party except where service has been by publication, and shall immediately file a certificate that such notices have been duly sent. The notice shall state the time and place of filing said report and that, if exceptions are not filed within 10 days after the report is filed, the report will be presented to the Court for final action. In a contested action, the [Master] Hearing Officer shall accompany the notice with a copy of the report and recommendation.
(4) Fees and Costs. In addition to the filing fee paid to the Prothonotary under the Prothonotary's fee bill at the institution of the action, an additional sum as determined by the Prothonotary, shall be deposited with the Prothonotary on behalf of the [Master] Hearing Officer. Fees in excess of the sum deposited with the Prothonotary on behalf of the [Master] Hearing Officer shall be billed directly to the parties, as determined by the [Master] Hearing Officer. Disputes regarding [Masters'] Hearing Officers' fees shall be resolved by the Court.
(5) * * *
(6) * * *
(7) * * *
Rule 1920.55-1*(c). Alternative Hearing Procedure for Matters Referred to a [Master] Hearing Officer.
The Court adopts the alternative procedure of Pa.R.C.P. 1920.55-3 with regard to all divorce proceedings which are referred to a [Master] Hearing Officer for the resolution of economic claims.
Rule 1920.73(c). Notice of Intention to Request Entry of Divorce Decree. Praecipe to Transmit Record. Motion for Entry of Grounds Order and Appointment of Equitable Distribution [Master] Hearing Officer. Forms.
(1) * * *
(2) Motion for Entry of Grounds Order and Appointment of Equitable Distribution [Master] Hearing Officer shall be filed where:
a. * * *
b. * * *
c. * * *
(3) The Moving party, filing the Motion For Entry of Grounds Order and Appointment of Equitable Distribution [Master] Hearing Officer, upon filing said Motion shall:
a. * * *
b. * * *
c. * * *
d. * * *
(4) * * *
Rule 4019*. Discovery [Master] Hearing Officer.
In order to facilitate the prompt disposition of discovery motions, the Court adopts [Local Rule of Civil Procedure 4019* implementing] the Discovery [Master] Hearing Officer Program as follows:
(1) The Board of Judges shall appoint a designated number of members of the Bar to serve as Discovery [Masters] Hearing Officers, for an indeterminate term, without compensation, at the pleasure of the Court.
(2) * * *
(3) If the motion is resolved amicably prior to the return day issued pursuant to Local Rule 208.3(b), the motion shall either be withdrawn or a stipulate order shall be submitted to the Court Administrator for submission to the signing Judge. If the motion is opposed, the parties shall appear in a courtroom or arbitration room designated by the Court Administrator on the Friday of the week in which the rule was made returnable, to argue the matter before the Discovery [Master] Hearing Officer designated by the Court Administrator to hear the matter. In the event that Friday is a legal holiday, the matter shall be argued before the Discovery [Master] Hearing Officer on the Thursday following the return day. Briefs in support of and in opposition to the motion may be submitted to the Court Administrator's Office prior to the day on which the matter is to be argued before the Discovery [Master] Hearing Officer.
(4) After hearing argument and considering the motion, answer, and any briefs filed, the Discovery [Master] Hearing Officer shall submit a written recommendation and proposed order to the assigned Judge for entry of an appropriate order.
(5) In civil actions in which the damages sought exceed the jurisdictional limit for compulsory arbitration, any party may request the judge assigned to the case to direct the Court Administrator to list the case for a Discovery Management Conference before a Discovery [Master] Hearing Officer. The Discovery [Master] Hearing Officer may recommend a Discovery Management Order which establishes the following:
a. * * *
b. * * *
c. * * *
(6) * * *
(7) Upon request of any party, for good cause shown, the Discovery [Master] Hearing Officer may recommend an extension of any dates set forth in the Discovery Management Order.
Rule 4019.1*. Family Discovery [Master] Hearing Officer.
In order to facilitate the prompt disposition of discovery in domestic relations matters, the Court adopts the Family Discovery [Master] Hearing Officer Program as follows:
(1) The Board of Judges appoints the [Masters] Hearing Officers in Equitable Distribution and the Support Conference Officers to serve as Family Discovery [Masters] Hearing Officers.
(2) * * *
(3) The motions shall then be presented to the Family Discovery [Master] Hearing Officer for a rule returnable and argument date. A certificate of service of the motion and rule returnable and argument date shall be filed in the Prothonotary's office by the moving party on or before the return date.
(4) * * *
(5) If the motion is resolved amicably prior to the return day, the motion shall either be withdrawn or a stipulated order shall be submitted to the Family Discovery [Master] Hearing Officer for submission to the signing Judge. If the motion is not resolved amicably prior to the return day, the parties shall appear, on the date and at the place specified in the Rule accompanying the motion, for argument before the Family Discovery [Master] Hearing Officer. Should the moving party fail to appear, the motion shall be dismissed. Briefs in support of and in opposition to the motion may be submitted to the Family Discovery [Master] Hearing Officer not less than two days prior to the day scheduled for argument before the Family Discovery [Master] Hearing Officer.
(6) After hearing arguments and upon consideration of the motion and answer, and any briefs filed, the Family Discovery [Master] Hearing Officer shall submit a written recommendation and proposed order to the Judge assigned to the case for entry of an appropriate order.
(7) * * *
[Pa.B. Doc. No. 21-559. Filed for public inspection April 9, 2021, 9:00 a.m.]
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