THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1915 ]

Proposed Amendment of Pa.R.C.P. No. 1915.4-4

[45 Pa.B. 1606]
[Saturday, April 4, 2015]

 The Domestic Relations Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the amendment of Pa.R.C.P. No. 1915.4-4 governing pre-trial procedures in custody cases, for the reasons set forth in the accompanying explanatory report. Pursuant to Pa.R.J.A. No. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.

 Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor will be officially adopted by the Supreme Court.

 Additions to the text of the proposal are bolded; deletions to the text are bolded and bracketed.

 The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:

Bruce J. Ferguson, Counsel
Domestic Relations Procedural Rules Committee
Supreme Court of Pennsylvania
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
Fax: 717-231-9531
domesticrules@pacourts.us

 All communications in reference to the proposal should be received by May 18, 2015. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.

By the Domestic Relations
Procedural Rules Committee

MARIA P. COGNETTI, Esq., 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY OF MINOR CHILDREN

Rule 1915.4-4. Pre-Trial Procedures.

 A pre-trial conference in an initial custody or modification proceeding shall be scheduled before a judge at the request of a party or sua sponte by the court and the procedure shall be as set forth in this rule. If a party wishes to request a pre-trial conference, the praecipe set forth in subdivision (g) below shall be filed. The scheduling of a pre-trial conference shall not stay any previously scheduled proceeding unless otherwise ordered by the court.

 (a) The praecipe may be filed at any time after a custody conciliation or conference with a conference officer unless a pre-trial conference has already been scheduled or held. The pre-trial conference may be scheduled at any time, but must be scheduled at least 30 days prior to trial.

 (b) Not later than five days prior to the pre-trial conference, each party shall serve a pre-trial statement upon the court and the other party or counsel of record. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court:

 (1) the name and address of each expert whom the party intends to call at trial as a witness;

 (2) the name and address of each witness the party intends to call at trial[,] and the relationship of that witness to the party [and a statement by the party or the party's counsel that he or she has communicated with each listed witness]. Inclusion of a witness on the pre-trial statement constitutes an affirmation that the party's counsel or the self-represented party has communicated with the witness prior to the filing of the pre-trial statement; and

*  *  *  *  *

 (g) The praecipe for pre-trial conference shall be substantially in the following form:

(Caption)
PRAECIPE FOR PRE-TRIAL CONFERENCE

 To the Prothonotary:

 Please schedule a pre-trial conference in the above-captioned custody matter pursuant to Pa.R.C.P. No. 1915.4-4.

*  *  *  *  *

PUBLICATION REPORT

 The Committee is proposing the amendment to Pa.R.C.P. No. 1915.4-4, Pre-Trial Procedures, as the rule relates to the preparation and filing of a pre-trial statement. The Committee received input from members of the bar that the current rule is being misinterpreted, specifically subdivision (b)(2) relating to witnesses a party identifies on the pre-trial statement, which has hindered the ability to have meaningful pre-trial conferences with the goal of reaching settlement. The proposed amendment is intended to clarify the rule.

 The current rule states under (b)(2) ''. . . and a statement by the party or the party's counsel that he or she has communicated with each listed witness. . . .'' The information received by the Committee suggested some parties or their counsel were merely indicating in the pre-trial statement whether or not they had communicated with the witness. The intent of the rule is for the party or their counsel to actually communicate with the witness prior to including the name of the witness on the pre-trial statement.

 The Committee believes the proposed language clarifies the intent of the rule requiring a party or their counsel to communicate with the witness as a prerequisite to inclu-sion of the witness on the pre-trial statement. Rule 1915.4-4(c) authorizes the court to impose sanctions for failure to comply with the requirements of subdivision (b).

[Pa.B. Doc. No. 15-595. Filed for public inspection April 3, 2015, 9:00 a.m.]

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