INDIANA COUNTY, PENNSYLVANIA - GROWING RIGHT HERE
 

  

ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

 

RULE L1920.51. APPOINTMENT OF FAMILY LAW MASTER IN DIVORCE AND ANNULMENT OF MARRIAGE AND ANCILLARY PROCEEDINGS

 

(a) In all divorce and annulment of marriage proceedings where a pleading has been filed raising an issue which Pa.R.C.P. 1920.51 authorizes to be heard by a Master and where the Court, upon its own motion or the motion of either party, appoints a Master pursuant to Pa.R.C.P. 1920.51, the Prothonotary shall forthwith refer the case to the Indiana County Family Law Master. The motion for appointment of Master shall be in the form as set forth in Pa.R.C.P. 1920.74 (A copy of the form is attached hereto for counsel’s convenience.) Within thirty (30) days thereafter, the Master shall schedule a preliminary/settlement conference with the parties and their counsel to explore the possibility of resolving the issues in dispute without further litigation. Counsel for each party shall submit to the Master and opposing counsel a pre-trial statement in conformity with Pa.R.C.P. 1920.33(b) at least two (2) weeks in advance of the preliminary/settlement conference. As to those issues that cannot be resolved at preliminary/settlement conference, the Master shall establish a timetable for the progress of the litigation and shall proceed to promptly hold such hearings as are necessary to determine the unresolved issues. Upon concluding a hearing on a particular issue or issues, the Master shall report to the Court as provided in Pa.R.C.P. 1920.53.

(b) Before setting the time and place of taking testimony, the Master shall examine the pleadings and determine the formal sufficiency and regularity of the proceedings and the question of jurisdiction. If defective in any fatal particular, the Master shall so report to the Court and at the same time notify counsel. If defective in a particular curable by amendment, the Master shall notify counsel and suspend further action for a reasonable period of time to enable the necessary correction to be made. Upon the expiration of said period without such correction having been made, the Master shall make a report to the Court, applying for instructions as to further action on the Master’s part. When satisfied of the formal sufficiency and regularity of the proceedings and the existence of jurisdiction, or when directed by the Court to proceed, the Master shall appoint the time and place of taking testimony and proceed with action.

(c) Before proceeding to take testimony with respect to a contested claim for divorce and/or an issue which Pa.R.C.P. 1920.51 authorizes to be heard by a Master, the Master shall verify that the fees specified in subsection (d) of this Rule have been paid into the Court, unless the Master determines that the payment of said fees is not necessary before holding the hearing.

(d) Except as provided in subsection (c), whenever a party in a divorce case requests that an evidentiary hearing be held to hear a claim for divorce and/or an issue which Pa.R.C.P. 1920.51 authorizes to be heard by a Master, said moving party shall deposit the sum of $750.00 with the Prothonotary to be applied to payment of the Master’s fees and stenographic costs. Said deposit shall be applied first to the stenographic costs and thereafter to the Master’s fees at the rate established annually by the Court through Administrative Order. Should the Master determine at the Pre-Trial Conference that additional sums for Master fees or stenographic costs are necessary, the Master may require either or both of the parties to deposit the necessary funds with the Prothonotary prior to proceeding further. Failure to comply with the Master’s requirement, after entry of an Order upon motion of the Master, shall subject the offending party to contempt proceedings.

(e) In all cases in which the Master shall be of the opinion that the amount of money on deposit for the Master’s fees and stenographic costs is not sufficient, the Master shall make a request in writing to the Court for the allowance of additional compensation and/or stenographic costs. Upon the presentation of such request, the Court will issue a rule upon the parties to show cause why the requested additional allowance should not be granted.

(f) The Master shall engage the services of a stenographer. The testimony shall not be transcribed unless it is request by the Master or a party. If a transcript is requested by the Master, the Master shall determine which party is to bear the cost of the transcript or how the costs of the transcript are to be divided between the parties. If a transcript is requested by a party, that party shall pay for the transcript, and the cost of the transcription may be allocated to one or both of the parties by a court order. Any party filing exceptions to the Master’s report shall immediately serve the exceptions upon all other parties and the stenographer of the Master’s hearing and shall request the full transcription of testimony, unless the transcription has previously been filed or unless either party requests a conference with the Judge within ten (10) days of the filing of exceptions to determine the extent of transcription necessary, and at the conclusion of such conference, an order is entered setting forth what portions of the Master’s hearing are to be transcribed.

Adopted __________________, 2004; effective ___________________, 2004.








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