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PA Bulletin, Doc. No. 96-623

THE COURTS

[231 PA. CODE CHS. 1910, 1920 AND 4000]

Proposed Amendments to the Rules Relating to Discovery in Domestic Relations Matters; Recommendation 41

[26 Pa.B. 1818]

   The Domestic Relations Committee proposes the following amendments to the Rules of Civil Procedure relating to discovery in domestic relations matters. The committee solicits comments and suggestions from all interested persons prior to submission of the proposed rule to the Supreme Court.

   Written comments relating to the proposed amendments must be received no later than May 31, 1996, and must be directed to Linda C. Liechty, Esquire, Executive Director, Domestic Relations Committee, 429 Forbes Avenue, Suite 300, Pittsburgh, PA 15219, FAX (412) 565-2336.

   The explanatory comment which appears in connection with the proposed amendments has been inserted by the Committee for the convenience of those using the rules. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1910.  ACTIONS FOR SUPPORT

Rule 1910.9.  [Discovery] Earnings Information.

   [(a)  There shall be no discovery unless authorized by special order of court.]

   [(b)]  Where a party is employed, the court shall ascertain the party's earnings and may enter an order directing the employer to furnish earnings information to the court as provided by Rule 1910.27.

Rule 1910.11.  Office Conference. Subsequent Proceedings. Order.

*      *      *      *      *

   (j)  [(1)]  Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing where

   (i)  there are complex questions of law, fact or both, or

   (ii)  the hearing will be protracted, or

   (iii)  the orderly administration of justice requires that the hearing be listed separately.

   [(2)  The motion may include a request for discovery. If granted, the order may specify the scope of discovery.]

*      *      *      *      *

Rule 1910.12.  Office Conference. Hearing. Record. Exceptions. Order.

*      *      *      *      *

   (c) (1)  Except as set forth in subdivision (c)(2), promptly after conclusion of the conference, a party may move the court for a separate listing of the hearing where

   (i)  there are complex questions of law, fact or both, or

   (ii)  the hearing will be protracted, or

   (iii)  the orderly administration of justice requires that the hearing be listed separately.

   (2)  Where the conference and hearing are scheduled on the same day, all requests for separate listing must be presented to the court at least seven days prior to the scheduled court date.

   [(3)  The motion may include a request for discovery. If granted, the order may specify the scope of discovery.]

*      *      *      *      *

CHAPTER 1920.  ACTION OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.22.  [Discovery] Rescinded.

   [(a)  Except as provided by subdivision (b), there shall be no discovery in an action of divorce or for annulment or a claim which has been joined as permitted under the Divorce Code unless authorized by special order of court.

   Official Note: Rule 1920.91 suspends § 3505(c) of the Divorce Code which provides for discovery in actions of divorce or for annulment of marriage.

   (b)  When a claim is made for alimony or the determination and distribution of property rights, any party may serve upon any other party as of course within such time as not to delay the trial interrogatories limited to those claims. The practice and procedure shall be governed by the rules of civil procedure governing depositions and discovery.]

Rule 1920.91.  Suspension of Acts of Assembly.

*      *      *      *      *

   [(2)  Section 3505(c) of the Domestic Relations Code, 23 Pa.C.S. § 3505(c), absolutely;

   Official Note: Suspended Section 3505(c) of the Divorce Code provides for discovery in actions of divorce or for annulment of marriage. Discovery in such actions is prescribed by Rule of Civil Procedure 1920.22.]

   [(3)] (2)  Section 3505(b) of the Domestic Relations Code, 23 Pa.C.S. § 3505(b), absolutely;

   Official Note: Suspended Section 3505(b) of the Divorce Code requires the submission to the court of an inventory and appraisement of property. Rule of Civil Procedure 1920.33(a) supplants this provision by requiring parties seeking the distribution of property to file an inventory while subdivision (b) of the rule requires the filing of pre-trial statement.

   [(4)] (3)  Section 3321 of the Domestic Relations Code, 23 Pa.C.S. § 3321, insofar as it prohibits the appointment of masters in partial custody or visitation matters.

   Official Note: Suspended Section 3321 of the Divorce Code states that the court may appoint a master to hear testimony on all issues relating to a divorce except custody or paternity.

   [(5)] (4)  And all other Acts or parts of Acts of Assembly inconsistent with these rules to the extent of such inconsistency.

CHAPTER 4000.  DEPOSITIONS AND DISCOVERY

Rule 4001.  Scope. Definitions.

   (a) [(1)] The rules of this chapter apply to any civil action or proceeding at law or in equity brought in or appealed to any court which is subject to these rules including any action pursuant to the Eminent Domain Code of 1964 or the Municipal Claims Act of 1923.

*      *      *      *      *

   [(2)  These rules shall not apply to an action of divorce or for annulment of marriage, an action for support, or an action for custody of minor children except to the extent prescribed by the rules governing those actions.]

   All existing explanatory notes and comments pertaining to the rules listed below are replaced by the following:

Explanatory Comment--Rule 1910.9

   This proposed amendment to the support rules eliminates the need to obtain a special order of court before engaging in discovery. In accordance with the proposed revision, discovery would be available as provided by Rule of Civil Procedure 4001 et seq.

Explanatory Comment--Rule 1915.5

   Under subdivision (a), the defendant may, but is not required to, plead to the complaint. All averments may be disputed by the defendant at the custody hearing. An attorney who wishes to file another pleading may do so. However, the action is not to be delayed to permit its filing.

   The proposed liberalization of discovery in other areas of domestic relations practice does not extend to custody. Discovery is not permitted in any custody action unless authorized by special order of court.

Explanatory Comment--Rule 1920.22

   This proposed amendment to the divorce rules eliminates the need to obtain a special order of court before engaging in discovery. In accordance with the proposed revision, discovery would be available as provided by Rule of Civil Procedure 4001 et seq.

[Pa.B. Doc. No. 96-623. Filed for public inspection April 19, 1996, 9:00 a.m.]


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