THE COURTS
WASHINGTON COUNTY
Local Rules: 1920.51--Master in Divorce; 1915.29--Pre-Hearing Conference; 1915.28--Continuances; No. 2001-1
[31 Pa.B. 5946]
Order And Now, this 28th day of September, 2001; It Is Hereby Ordered that the stated Washington County Local Civil Rules be amended as follows.
These rules shall become effective thirty days after publication in the Pennsylvania Bulletin.
THOMAS D. GLADDEN
President JudgeL-1920.51. Master in Divorce.
a. Any divorce case may be referred to a master. Standing and special masters may be appointed by the Court.
1. The Standing masters in divorce shall be assigned by the Court. If a master has not been appointed in accordance with Local Rule 1920.3 (c) and Appendix H, then any motion for appointment of a standing master shall be served on the opposing party or counsel five days prior to presentation to the Court.
The motion shall be substantially in the form set forth in Appendix J. The moving party is required to attach to the written motion proof of payment of the Master/Stenographic fee. Payment of this fee shall entitle the parties to a maximum of one or two Preliminary Conferences, a one-hour Hearing on Preliminary Issues, if necessary, and a maximum of a one-day hearing. If it is determined that additional testimony is required then the master shall assign responsibility of payment of costs at the current rate to either the plaintiff or defendant. This is an Interim Interlocutory Order signed by the Judge assigned to the case upon the recommendation of the master which shall be dealt with in the final Master's Report. The party to which the costs have been assigned will then have the opportunity to take exceptions, if desired.
The Court may assign a case to a particular standing master rather than on a random basis.
Standing masters may not personally engage in the practice of divorce law (which includes any matter which may be raised in a divorce complaint) before the Washington County Court of Common Pleas. A master in divorce shall not act in a case in which a partner, office associate or person sharing a suite or offices with the master is counsel for any interested party.
2. The Court may appoint a special master in appropriate cases on written agreement of both parties or counsel. The motion shall be presented to the Court and there shall be a provision specifically dealing with payment of the master, by whom and under what terms and conditions. The special master shall comply with all Rules of Civil Procedure and the Local Rules of Court. Additionally, the motion shall address the provisions made for private, stenographic services and shall provide for payment of these services, by whom and under what terms and conditions.
b. A Master in Divorce shall give counsel of record at least [10] 7 day notice before conducting any hearing or conference.
c. A Master in Divorce shall give a party who is not represented by counsel at least [10] 7 days notice before conducting any hearing or conference.
d. Reserved
e. Reserved
f. Requests for continuances of hearings and conferences before the Master in Divorce which are not contested shall be presented in writing to the [Divorce Officer] Divorce Office prior to hearing or conference. [The request shall contain a statement that opposing counsel or the opposing party, if unrepresented, has no objection to the continuance. A copy of the request shall be sent to opposing counsel or the opposing party, if unrepresented. The Divorce Officer shall act upon the request.]
1. A $25.00 fee shall be charged for continuances and no continuance shall be granted without payment of required fee unless waived by the Court.
2. The fee of $25.00 shall be paid in the form of a check or money order payable to the Washington County Divorce Office upon presenting the request for continuance.
3. Requests for continuances shall set forth in writing the following information:
(a) A clear, concise and certain reason for the request.
(b) A statement that opposing counsel or the opposing party, if unrepresented, has no objection to the continuance.
(c) A statement of the number of prior continuances, if any.
(d) If another court appearance is the reason for the request, a copy of the notice or Order of the conflicting hearing shall be attached.
(e) A certification that a copy of the request has been sent to opposing counsel or the opposing party, if unrepresented.
g. Requests before a Master in Divorce for continuances of hearings and conferences that are contested shall be presented in writing to the [Master] Court after [written or oral notice] proper written notice, in accordance with the Local Rules, of the intention to do so is given to opposing counsel or the opposing party, if unrepresented. [The Divorce Officer shall act upon the request.]
L-1915.29. Pre-Hearing Conference.
a. The parties shall make a good faith effort to resolve the custody and/or visitation issues prior to the pre-hearing conference. If resolution occurs prior to or at the time of the pre-hearing conference, a proposed order shall be drafted in accordance with Pa. R.C.P. No. 1915.7 and submitted to the Court for approval through the Child Custody Conference Officer.
[b. The moving party shall complete and deliver to the Child Custody Conference Officer a questionnaire substantially in the form provided by Appendix F within ten (10) days of the appointment of the Child Custody Conference Officer. The Divorce Officer shall mail a questionnaire to the other interested parties with instructions to return it within five days prior to the initial conference of time permitted or as soon thereafter as is practicable.]
b. A Child Custody Conference Officer shall give counsel of record at least 7 days notice before conducting any hearing or conference.
c. A Child Custody Conference Officer shall give a party who is not represented by counsel at least 7 days notice before conducting any hearing or conference.
L1915.28. Continuances.
[a. The Child Custody Conference Officer may grant continuances or matters scheduled to be heard by him.]
a. Requests for continuances of hearings and conferences before the Child Custody Conference Officer which are not contested shall be presented in writing to the Divorce Office prior to hearing or conference.
[b. The practice relating to continuances shall conform to Local Rule 1920.51, except that references to ''The Master'' shall mean the Child Custody Conference Officer.]
b. A $25.00 fee shall be charged for continuances and no continuance shall be granted without payment of required fee unless waived by the Court.
c. The fee of $25.00 shall be paid in the form of a check or money order payable to the Washington County Divorce Office upon presenting the request for continuance.
d. Requests for continuances shall set forth in writing the following information:
1. A clear, concise and certain reason for the request.
2. A statement that opposing counsel or the opposing party, if unrepresented, has no objection to the continuance.
3. A statement of the number of prior continuances, if any.
4. If another court appearance is the reason for the request, a copy of the notice or Order of the conflicting hearing shall be attached.
5. A certification that a copy of the request has been sent to opposing counsel or the opposing party, if unrepresented.
e. Requests before a Child Custody Conference Officer for continuances of hearings and conferences that are contested shall be presented in writing to the Court after proper written notice, in accordance with the Local Rules, of the intention to do so is given to opposing counsel or the opposing party, if unrepresented.
[Pa.B. Doc. No. 01-1919. Filed for public inspection October 26, 2001, 9:00 a.m.]
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