Rule 1920.74. Form of Motion for Appointment of Hearing Officer. Order.
(a) The motion for appointment of a hearing officer shall be substantially in the following form:
(Caption)
MOTION FOR APPOINTMENT OF HEARING OFFICER
(Plaintiff) (Defendant) moves the court to appoint a hearing officer with respect to the following claims:( ) Divorce
( ) Annulment
( ) Alimony
( ) Equitable Division of Marital Property
( ) Counsel Fees
( ) Costs and Expenses
( ) Other:
and in support of the motion states:
(1) Discovery (is) (is not) complete as to the claim(s) for which the appointment of a hearing officer is requested.
(2) The non-moving party (has) (has not) appeared in the action (personally) (by his or her attorney,
, Esquire).(3) The statutory ground(s) for divorce (is) (are)
.
(4) If the hearing officer’s appointment is for resolution of a divorce, an annulment, or ancillary claims, the parties have complied with Pa.R.C.P. Nos. 1920.31, 1920.33, and 1920.46, as applicable.
(5) Check and complete the applicable paragraph(s):
(a) The action is not contested.
.
.(6) The action (involves) (does not involve) complex issues of law or fact.
(7) The hearing is expected to take
(hours) (days).(8) Additional information, if any, relevant to the motion:
.Date:
Attorney for (Plaintiff) (Defendant)
(b) The order appointing a hearing officer shall be substantially in the following form:
(Caption)
ORDER APPOINTING HEARING OFFICER
AND NOW,
, 20
,
, Esquire, is appointed hearing officer with respect to the following claims:
.BY THE COURT:
MOVING PARTY NON-MOVING PARTY Name: Name: Attorney’s Name: Attorney’s Name: Attorney’s Address: Attorney’s Address: Attorney’s Telephone #: Attorney’s Telephone #: Attorney’s E-Mail: Attorney’s E-Mail Party’s Address and Telephone Party’s Address and Telephone # if not represented by counsel: # if not represented by counsel:
Official Note
See Pa.R.C.P. No. 1920.51(a)(1)(ii) for the issues and claims for which the court may appoint a hearing officer. It is within the discretion of the court to determine the point at which a hearing officer should be appointed in a case.
Source The provisions of this Rule 1920.74 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended June 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397018) to (397019).
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