THE COURTS
Title 255--LOCAL COURT RULES
BRADFORD COUNTY
Rule of Civil Procedure No. 1910.12(e): Exception to Hearing Officer's Report; No. 96IR
[27 Pa.B. 1152]
Order And Now, this 18th day of November 1996, the Court hereby adopts the following Bradford County Rule of Civil Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin or January 1, 1997, whichever is the latter date.
It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Domestic Relations Committee and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.
It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.
By the Court
JEFFREY A. SMITH,
President JudgeB.C.R.C.P. 1910.12(e). Exceptions to Hearing Officer's Report.
(1) Each exception to the hearing officer's report regarding child support, spousal support, and alimony pendente lite shall be specifically identified by the party filing the exception as either:
(i) an exception asserting that the hearing officer made an erroneous finding of fact, or
(ii) an exception asserting that the hearing officer made an error of law.
(2) An exception asserting that the hearing officer made an erroneous finding of fact shall:
(i) identify the erroneous finding;
(ii) state specifically the finding which should have been made by the hearing officer;
(iii) specify any document which supports, or any witness whose testimony supports, the finding which should have been made by the hearing officer;
(iv) specify any document or testimony which supports the hearing officer's finding.
(3) An exception asserting that the hearing officer made an error of law shall identify the statute, rule, regulation, or judicial decision not applied or improperly applied by the hearing officer.
(4) All exceptions shall include a statement of the following:
(i) The obligor's income available for support, as claimed by the party filing the exceptions, together with a statement of the record evidence of the obligor's income;
(ii) The obligee's income available for support, as claimed by the party filing the exceptions, together with a statement of the record evidence of the obligor's income;
(iii) The amount of support which should have been ordered.
(5) Exceptions shall contain no discussion of the claims made.
(6) Any party filing exceptions shall immediately submit to the court administrator a motion for argument on the exceptions.
(7) Exceptions which are not in compliance with this rule or which are not briefed as ordered may be deemed to have been waived.
B.C.R.C.P. 1920.55. Exceptions to Master's Report.
Exceptions to the master's report regarding divorce and any related claims shall be governed by the practice of Rule 1910.12(e) of the Bradford County Rules of Civil Procedure, except that part (4) of B.C.R.C.P. 1910.12(e) shall not be applicable to claims other than support and alimony pendente lite. Each exception to claims for divorce, equitable distribution, alimony, counsel fees and expenses shall state specifically the conclusion which the excepting party claims should have been reached by the master.
[Pa.B. Doc. No. 97-349. Filed for public inspection March 7, 1997, 9:00 a.m.]
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