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PA Bulletin, Doc. No. 97-1114

THE COURTS

MONTGOMERY COUNTY

Adoption of Local Rule of Civil Procedure 4019.1*--Family Discovery Master; No. 97-00001-3

[27 Pa.B. 3426]

Order

   And Now, this 23rd day of June, 1997, the Court approves and adopts the following Montgomery County Local Rule of Civil Procedure 4019.1*--Family Discovery Master. This Rule shall become effective thirty (30) days from the date of 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.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator 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) certified copy shall be filed with the Domestic Relations Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, and (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.

By the Court

JOSEPH A. SMYTH,   
President Judge

Rule 4019.1*--Family Discovery Master.

   In order to facilitate the prompt disposition of discovery in domestic relations matters, the Court adopts the Family Discovery Master Program as follows:

   1.  The Board of Judges appoints the Masters in Equitable Distribution and the Support Conference Officers to serve as Family Discovery Masters.

   2.  All motions respecting discovery in domestic relations matters shall be filed with the Prothonotary. The moving party shall include a cover sheet and a proposed order. The cover sheet must state that counsel have met and conferred in a good faith effort to resolve the discovery dispute.

   3.  The motions shall then be presented to the Family Discovery Master 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.  The rule returnable and argument date shall be at 1:00 p.m. on the first Wednesday following the 30th day subsequent to the filing of the petition in a hearing room located at 321 Swede Street, Norristown, PA.

   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 for submission to the signing Judge. If the motion is opposed, 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. If no answer is filed on or before the return date, a rule absolute will be granted. Briefs in support of and in opposition to the motion may be submitted to the Family Discovery Master not less than two days prior to the day scheduled for argument before the Family Discovery Master.

   6.  After hearing arguments and upon consideration of the motion and answer, and any briefs filed, the Family Discovery Master shall submit a written recommendation and proposed order to the Judge assigned to the case for entry of an appropriate order.

   7.  This rule does not apply to motions for sanctions.

[Pa.B. Doc. No. 97-1114. Filed for public inspection July 11, 1997, 9:00 a.m.]


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