THE COURTS

PART I. GENERAL

[ 231 PA. CODE CH. 1915 ]

Amendment of Rules 1915.8 and 1915.18 of the Rules of Civil Procedure; No. 533; Civil Procedural Rules

[40 Pa.B. 4634]
[Saturday, August 14, 2010]

Order

Per Curiam:

 And Now, this 2nd day of August 2010, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration:

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1915.8 and 1915.18 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 immediately.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1915. ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN

Rule 1915.8. Physical and Mental Examination of Persons.

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 (b) Unless otherwise directed by the court, the expert shall deliver to the court, to the attorneys of record [and] for the parties, to any unrepresented party, and to the guardian ad litem and/or counsel for the child, if any, copies of any reports arising from the evaluation setting out the findings, results of all tests made, diagnosis and conclusions. No reports shall be filed of record or considered evidence unless and until admitted by the court. Any report which is prepared at the request of a party, with or without a court order, and which a party intends to introduce at trial, must be delivered to the court and the other party at least thirty days before trial. If the report or any information from the evaluator is provided to the court, the evaluator shall be subject to cross-examination by all counsel and any unrepresented party without regard to who obtains or pays for the evaluation.

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Rule 1915.18. Form of Order Directing Expert Examination and Report.

 The order of court directing expert evaluation in a custody matter pursuant to Rule 1915.8 shall be in substantially the following form:

(Caption)
ORDER OF COURT

 AND NOW, this ____ day of ______ , 20__ , it is hereby ORDERED, that:

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[  ] 5. [Both] If the evaluation is a medical necessity, the service may be covered by insurance. If so, both parties shall promptly cooperate to maximize the use of available insurance coverage, if any, and to notify the other party of the result. The [  ] plaintiff [  ] defendant shall submit the costs to his or her insurance first. The cost of the unreimbursed portion of the evaluation shall preliminarily be allocated between the parties with the plaintiff paying __ % and the defendant paying __ % without prejudice to the ultimate apportionment of such costs by subsequent agreement of the parties or order of court.

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[  ] 11. Provided that the parties cooperate on a timely basis, the evaluator shall deliver his or her report to counsel for the parties, any unrepresented party, the guardian ad litem and/or counsel for the child, if any, and to the court at least __ days prior to the first day of trial. The report shall not be filed of record.

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[Pa.B. Doc. No. 10-1474. Filed for public inspection August 13, 2010, 9:00 a.m.]

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