THE COURTS
Title 231—RULES OF
CIVIL PROCEDURE
PART I. GENERAL
[ 231 PA. CODE CHS. 1910, 1915, 1920 AND 1930 ]
Order Amending Rules 1910.11, 1910.12, 1915.4-2, 1915.4-3, 1920.51, 1930.4 and 1930.8 of the Rules of Civil Procedure; No. 617 Civil Procedural Rules Doc.
[45 Pa.B. 1354]
[Saturday, March 21, 2015]
Order Per Curiam
And Now, this 4th day of March, 2015, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 44 Pa.B. 4338 (July 12, 2014):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1910.11, 1910.12, 1915.4-2, 1915.4-3, 1920.51, 1930.4 and 1930.8 of the Pennsylvania Rules of Civil Procedure are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days on April 3, 2015.
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART I. GENERAL
CHAPTER 1910. ACTIONS FOR SUPPORT Rule 1910.11. Office Conference. Subsequent Proceedings. Order.
(a)(1) The office conference shall be conducted by a conference officer.
(2) [A] Any lawyer serving as a conference officer [who is a lawyer] employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, [permanent] hearing officer [or], permanent or standing master [employed by], or judge of the same judicial district.
* * * * * Rule 1910.12. Office Conference. Hearing. Record. Exceptions. Order.
* * * * * (b)(1) At the conclusion of a conference attended by both parties, if an agreement for support has not been reached, and the conference and hearing are not scheduled on the same day, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e), and the parties shall be given notice of the date, time and place of a hearing. A record hearing shall be conducted by a hearing officer who must be a lawyer.
* * * * * (3) [A] Any lawyer serving as a hearing officer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer [or], permanent or standing master [employed by], or judge of the same judicial district.
* * * * *
CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN Rule 1915.4-2. Partial Custody. Office Conference. Hearing. Record. Exceptions. Order.
* * * * * (b) Hearing.
(1) The hearing shall be conducted by a hearing officer who must be a lawyer, and a record shall be made of the testimony. A hearing officer who is a lawyer employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer [or], permanent or standing master [employed by], or judge of the same judicial district.
* * * * * Rule 1915.4-3. Non-Record Proceedings. Trials.
(a) Non-Record Proceedings. In those jurisdictions that utilize an initial non-record proceeding such as a conciliation conference or office conference, if no agreement is reached at the conclusion of the proceeding, the conference officer or conciliator shall promptly notify the court that the matter should be listed for trial. Any lawyer employed by, or under contract with, a judicial district or appointed by the court to serve as a conciliator or mediator or to preside over a non-record proceeding shall not practice family law before a conference officer, hearing officer, permanent or standing master, or judge of the same judicial district.
* * * * *
CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing.
(a)(1) The court may hear the testimony or, upon its own motion or the motion of either party, may appoint a master with respect to all or any of the matters specified in subdivision (a)(2)(i) to consider same and issue a report and recommendation. The order of appointment shall specify the matters which are referred to the master.
(2)(i) The court may appoint a master in an action of divorce under Section 3301(a), (b) and (d)(1)(ii) of the Divorce Code, an action for annulment, and the claims for alimony, alimony pendente lite, equitable distribution of marital property, child support, partial custody or visitation, or counsel fees, costs and expenses, or any aspect thereof.
(ii) If there are no claims other than divorce, no master may be appointed to determine grounds for divorce if either party has asserted grounds for divorce pursuant to § 3301(c) or § 3301(d)(1)(i) of the Divorce Code. A master may be appointed to hear ancillary economic claims in a divorce action pursuant to § 3301(c) or § 3301(d) of the Divorce Code. The master may be appointed to hear ancillary economic claims prior to the entry of a divorce decree if grounds for divorce have been established.
(iii) No master may be appointed in a claim for legal, physical or shared custody or paternity.
Official Note: Section 3321 of the Divorce Code, 23 [Pa.C.S.A.] Pa.C.S. § 3321, prohibits the appointment of a master as to the claims of custody and paternity.
(3) The motion for the appointment of a master and the order shall be substantially in the form prescribed by Rule 1920.74.
(4) A permanent or standing master employed by, or under contract with, a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer [or], permanent or standing master [employed by], or judge of the same judicial district.
* * * * *
CHAPTER 1930. RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY Rule 1930.4. Service of Original Process in Domestic Relations Matters.
(a) Persons Who May Serve. Original process in all domestic relations matters may be served by the sheriff or a competent adult:
* * * * * (3) or pursuant to special order of court.
Official Note: See Rule 76 for the definition of ''competent adult.'' Service upon an incarcerated person in a domestic relations action must also include notice of any hearing in such action, and specific notice of the incarcerated individual's right to apply to the court for a writ of habeas corpus ad testificandum to enable him or her to participate in the hearing. The writ is available where an incarcerated individual wishes to testify as provided by statute or rule, as well as where the individual's testimony is sought by another. Vanaman v. Cowgill, [363 Pa. Super. 602,] 526 A.2d 1226 (Pa. Super. 1987). See 23 [Pa.C.S.A.] Pa.C.S. § 4342(j) and Rule 1930.3. In determining whether a writ of habeas corpus ad testificandum should be issued, a court must weigh the factors set forth in Salemo v. Salemo, [381 Pa. Super. 632,] 554 A.2d 563 (Pa. Super. 1989).
* * * * * Rule 1930.8. Self-Represented Party.
* * * * * (e) The assertion of self-representation shall not delay any stage of the proceeding.
(f) The entry of appearance of a self-represented party shall be substantially in the following form:
[CAPTION]
ENTRY OF APPEARANCE OF SELF-REPRESENTED PARTY
PURSUANT TO Pa.R.C.P. No. 1930.8 I, __________________________________ , Plaintiff or Defendant (circle one), represent myself in the within action.
REMOVAL OR WITHDRAWAL OF COUNSEL OF RECORD (If Applicable)
__________ Remove __________________________________ , Esq., as my attorney of record.
__________ Withdraw my appearance for the filing party.
__________ Esq. (Print name)ID# __________
__________ SignatureDATE: __________
I understand that I am under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.
All pleadings and legal papers can be served on me at the address listed below, which may or may not be my home address pursuant to Rule 1930.8:
__________________________________
Print Name____________________________________________________________________
Signature Telephone number____________________________________________________________________
Address FAX____________________________________________________________________
City, State, Zip Code DateTHE PARTY FILING THIS ENTRY OF APPEARANCE MUST PROVIDE NOTICE BY SENDING A COPY TO ALL PARTIES AND ATTORNEYS, INCLUDING THE ATTORNEY REMOVED FROM THE CASE.
Official Note: This form cannot be used when filing for support through the Department of Public Welfare Bureau of Child Support Enforcement's E-Services program. An entry of appearance form is available on the E-Services site for individuals filing through that program.
Explanatory Comment—2013 Withdrawal of appearance by counsel of record without the entry of appearance by a self-represented party is governed by Pa.R.C.P. No. 1012. Service of original process in domestic relations matters is governed by Pa.R.C.P. No. 1930.4. Service of legal papers other than original process is governed by Pa.R.C.P. No. 440.
[Pa.B. Doc. No. 15-493. Filed for public inspection March 20, 2015, 9:00 a.m.]
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