THE COURTS
SCHUYLKILL COUNTY
Amended Civil Rules of Procedure; S-905-2001
[31 Pa.B. 2572]
Order And Now, this 3rd day of May, 2001, at 1:30 p.m., the Court hereby amends Schuylkill County Rules of Civil Procedure 216, 217, 1910.11, 1910.12, 1915.17, 1920.53 and adopts Civil Rule 1012 and 1910.12(b)(1)(iii) for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). These rules shall be effective thirty days after publication in the Pennsylvania Bulletin.
The Prothonotary of Schuylkill County is Ordered and Directed to the following:
1) File ten (10) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text in the hard copy version.
3) File one (1) certified copy of this Order and Rule with the Pennsylvania Civil Procedural Rules Committee.
4) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rule.
It is further Ordered that said rules as they existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.
By the Court
WILLIAM E. BALDWIN,
President JudgeRule 216. Application for Continuance.
Applications for continuance of any court scheduled proceeding shall be made to the scheduling judge in writing on the general continuance form available through the office of the Court Administrator. The movant shall comply with Pa.R.C.P. 216, state whether the request is opposed, indicate the number of times the case has been previously continued and specify the reason for the request. If the request is due to a prior attachment of counsel, a copy of the scheduling notice or attachment order shall accompany the continuance application. Each request for continuance shall include a certification by counsel that his/her client has been informed about the request for a continuance.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
Rule 217. Costs on Continuance.
When an application for the continuance of any proceeding scheduled by the Court, by a master appointed by the Court, by a custody conciliator appointed by the Court or by any officer of the Domestic Relations Section, is presented so close to the scheduled time for the proceeding as to cause undue inconvenience to the opposing party and/or their counsel, the Court may impose on the party making the application, or that party's counsel, the reasonable costs and expenses actually incurred by the opposing party which would not have been incurred if the application had been made more promptly. When determining the appropriateness of imposing costs and expenses, the Court shall consider the extent of notice to the parties when the proceeding was scheduled, the time when the applicant or counsel knew or should have known of the need for a continuance, how soon in advance of the scheduled proceeding the application for continuance was made and the inconvenience and expenses of opposing parties and their counsel.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
Rule 1012. Duties of Counsel.
Every counsel of record in any civil proceeding shall be timely present for each hearing, conference or other court proceeding involving his or her client as scheduled pursuant to the provision of these rules, or as the Court may otherwise direct. It shall further be the duty of counsel to promptly notify the client of the date, time, place and duty to be present at each proceeding involving the client's case until such time as the case has been disposed of by final order or decree. Counsel who fail to comply with this rule may be held in Contempt of Court.
Unless otherwise relieved by Order of Court, counsel of record in any civil proceeding shall be responsible for representing his or her client until the entry of a final order or decree. Thereafter, counsel shall notify his or her client in writing that his or her representation of the client has been concluded and that the client will have to make arrangements to continue representation for any appeal or seek other counsel. Counsel shall certify by praecipe that such notice was given. The praecipe shall be filed within ten (10) days after notice is sent to the client, and a copy of the praecipe shall be served as any other pleading on all other parties. The obligation of counsel shall cease upon the filing and service of said praecipe unless counsel has filed an appeal for the client, thereby obligating counsel to continue representation through the appellate process.
Rule 1910.11. Office Conference. Request for Continuance.
A request for continuance of a support conference shall be made in writing to the Domestic Relations Director on a form established by the Court. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, the number of times the case has been previously continued, and a certification by counsel that his/her client has been informed about the request for continuance. The Domestic Relations Director shall have authority to approve only one continuance request from each party. If the Domestic Relations Director denies a request for a continuance, he/she shall state the reasons for the denial on the written request.
A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the President Judge.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
Rule 1910.12. Office Conference. Hearing. Record. Exceptions. Order.
(b) (1) If an agreement has not been reached by the parties, the court shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. 1910.26(e). Within ten (10) days after the date of the order, either party may demand a hearing before a hearing officer. If a demand for hearing is filed, the matter shall be assigned to the Hearing Officer for hearing and further proceedings in accordance with Pa. R.C.P. 1910.12.(b)-(g) and these rules. If no hearing is requested, the order shall become final.
(i) A request for continuance of a support hearing shall be made in writing to the Hearing Officer on a form established by the Court. The request shall include a statement of the reasons for the request, whether the other party is opposed or unopposed, and the number of times the case has been previously continued. The Hearing Officer shall have authority to approve only one continuance request from each party. If the Hearing Officer denies a request for a continuance, he shall state the reasons for the denial on the written request.
(ii) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the President Judge.
(iii) Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
(c)(3) The order may also specify the time within which such discovery must be completed.
(d) Within five (5) business days following the taking of testimony, the Hearing Officer shall file with the court a report containing a recommendation with respect to the entry of an order of support.
(e)(1) In complex contested matters which require the hearing to be continued in progress, the Hearing Officer may assess additional fees of $100.00 per each additional hearing day. Each additional conference, beyond the first, shall be considered for these purposes as a hearing.
(2) Where additional Hearing Officer's fees are assessed, the moving party shall deposit the fee with the Domestic Relations office and concurrently file a Praecipe substantially in the following form:
(CAPTION)
PRAECIPE FOR DEPOSIT OF ADDITONAL HEARING OFFICER'S FEE To the Prothonotary:
As directed by the Hearing Officer in the above captioned case, deposit the sum of $ ____.00 for ____ additional hearing days in compliance with Sch.R.C.P. 1910.12(e).
_________________
Attorney for (Plaintiff/Defendant)Received this day the sum of $ _____.00, additional Hearing Officer's fees in the above captioned case.
_________________
Domestic Relations Office(f)(1) Within five (5) days of filing Exceptions to the Report of the Hearing Officer, pursuant to Pa.R.C.P. 1910.12(f), the party raising exceptions shall request a transcript of all of the testimony, pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of said transcript pursuant to Pa.R.J.A. 5000.6.
(2) If both parties file Exceptions to the Report of the Hearing Officer, they shall equally bear the cost of the transcript of the testimony.
(3) In the event of the failure of an excepting party within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law, the exceptions may be deemed to have been withdrawn and may be dismissed by the Court.
(4) Upon filing of the transcript of testimony, the file shall be delivered to the Court for disposition pursuant to Pa.R.C.P. 1910.12(h). Within ten (10) days of receiving notice of such filing with the Court, the moving party shall file a memorandum of law related to the issues raised in the exceptions, and shall within three (3) days serve a copy of such memorandum upon counsel or upon the opposing party, if not represented by counsel. The opposing party may within ten (10) days file an opposing memorandum.
Rule 1915.17. Custody Conference Continuance.
A request for a continuance of a custody conference shall be made in writing to the Custody Conciliation Officer on a form established by the Court and available from the Court Administrator or the Custody Conciliation Section. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, the number of times the case has been previously continued and a certification by counsel that his/her client has been informed about the request for continuance.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
The Custody Conciliation Officer shall have the authority to approve only one continuance request from each party. If the Custody Conciliation Officer denies the request for a continuance for any reason, the Officer shall state the reasons for the denial on the written request.
A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the President Judge. It is that party's responsibility to advise the Custody Conciliation Officer of the appeal and of the President Judge's decision.
Rule 1920.53. Hearing by Master. Report. Continuance.
(d) The Master shall direct the examination of witnesses and the general course of the proceedings before him. Subpoenas for the attendance of witnesses before the Master shall be issued by the Prothonotary under the seal of Court. The Master shall cause a record to be kept of all proceedings before him. If objection is made to the admission of evidence, an offer and statement of purpose of said evidence, as well as the objection and its grounds, and the Master's ruling shall be noted in the record.
(e) The Master shall hold a hearing within sixty (60) days after the pre-hearing conference provided for in Sch.R.C.P. 1920.51(j); or, when he finds that counseling is required under Pa.R.C.P. 1920.45, within sixty (60) days after the expiration of the time for the completion of counseling under that Rule.
(f) The Master or Court Administrator may grant only one continuance of a hearing to a day certain to each party. However, the Master may continue any hearing in progress.
The motion for continuance shall be made in writing to the President Judge on a form established by the Court. The motion shall include a statement of the reasons for the request, whether the other party or the Master is opposed or unopposed to the request, the number of times the case has previously been continued and a certification by counsel that his/her client has been informed about the request for continuance. If the Master is opposed to the motion, he/she shall state his/her reasons for opposition on the written form.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
(g)(1) In a contested case the testimony given at a Master's hearing shall be taken by an official court reporter who shall be paid an appearance fee by the party first moving for the appointment of the Master.
(2) Upon the closing of the record at the Master's Hearing the parties may agree to those portions of the record to be transcribed, or the Master may direct that all or a portion of the record shall be transcribed. The Master may make an interim allocation of the transcript fees which shall be paid pursuant to Pa.R.J.A. 5000.6.
(3) Within five (5) days after the filing of exceptions to the Master's report, the party raising exceptions shall request a transcript of all the testimony pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of the transcript pursuant to Pa.R.J.A. 5000.6.
(i) If both parties file exceptions to the Master's report, they shall equally bear the cost of the transcript.
(4) In the event of the failure of an excepting party within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law as required by these Rules or Order of Court, the exceptions may be deemed to have been withdrawn and may be dismissed by the court.
(5) Upon payment of all fees, the court reporter shall certify the transcript and shall give notice to the Master and to the parties that the transcript has been certified. All objections to the transcript shall be raised within ten (10) days after the date of the notice of the certification, or the objections are deemed to be waived.
(h)(1) The testimony in an uncontested case shall be transcribed in question and answer form, shall be read by the witness, and shall be sworn to and signed by the witness in the presence of the Master. Before the Master shall certify such testimony he may examine the witness as to any answers given in such testimony and may demand that the testimony be supplemented, in writing, by answers to other specific questions, or under oath before an official court reporter.
(2) The Master's report shall be filed:
(i) within thirty (30) days after the closing of the record; or
(ii) within thirty (30) days after the notice of the certification of the transcript by the court stenographer when a transcript has been requested; or,
(iii) within thirty (30) days after the final memorandum or brief is due, whichever last occurs.
(i) Should the Master fail to file his final report within the time specified in Sch.R.C.P. 1920.53(g) or 1920.53(h), there being no rule or other matter not disposed of, a party shall have the right to obtain a rule upon the Master to show cause why the final report should not be filed promptly. If no good cause is shown, and if no report is filed, the Court shall take appropriate action promptly. No action taken hereunder by a party shall adversely influence the Master against that party, and the willful violation of this admonition shall result in the removal of the Master from consideration for appointment as a Master thereafter, any other disciplinary and remedial action that the Court may feel appropriate under the circumstances, or both.
(j) The Master shall enclose the papers in the case in a strong paper backer arranged in the following order:
(1) Recommendation as to the form and content of the final decree as to the divorce or annulment and for the disposal of related claims;
(2) In an uncontested case, the Master's report in the form required by Pa.R.C.P. 1920.53(c) and in a contested matter, in the form required by Pa.R.C.P. 1920.53(b);
(3) Testimony; except that in a contested matter, the transcript by the court reporter may be separate from the other papers as long as it is filed at the same time;
(4) Exhibits, if any, which are not included with the transcript;
(5) Docket entries;
(6) Record papers in the case; and
(7) A certificate of service of the Notice required by ''Sch.R.C.P. 1920.55.''
[Pa.B. Doc. No. 01-854. Filed for public inspection May 18, 2001, 9:00 a.m.]
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