As amended through August 12, 2024
Rule 1920.53 - Preliminary Proceedings and Hearings Before the Divorce Hearing Officer. Settlement of Case. Sanctionsa)Attendance at Pre-Hearing and Settlement Conferences: The divorce hearing officer shall schedule a preliminary pre-hearing conference within forty-five (45) days of receiving the appointment. Both parties and their counsel shall attend all conferences unless excused by the divorce hearing officer. A request for a party to be excused or for a party/counsel to participate by electronic means must be made in writing and delivered to opposing counsel/party and to the divorce hearing officer no less than five (5) business days in advance of the scheduled conference and the opposing side's position must be noted in the request. Failure of any properly-served party or attorney to attend a scheduled proceeding before a divorce hearing officer may subject the offending party or attorney to appropriate sanctions by the court, which may include, inter alia, imposition of costs for the proceeding that was missed.b)Directives: The divorce hearing officer shall be vested with the authority to issue directives for compliance in connection with discovery pertaining to the matters commissioned to the divorce hearing officer. Any directive issued by the divorce hearing officer shall have the effect of an interim order of court and shall be subject to contempt proceedings. Upon a party's failure to comply with a directive, the divorce hearing officer, on motion of the adverse party or sua sponte, may continue the matter until discovery is complete. The aggrieved party or the divorce hearing officer may file a motion to compel compliance with the directive(s) and for sanctions and recommend to the assigned judge any sanction outlined in Pa. R.Civ.P. Nos. 1920.33(d) and/or 4019(c)(1), (2), (3) or (5).c)Notice of hearing: The divorce hearing officer shall give at least twenty (20) days' advance written notice of the time and place of hearing to the attorneys of record, or to unrepresented parties, in the manner prescribed by Pa. R.Civ.P. No. 1920.51.d)Continuance requests: Requests for continuance of any pre-hearing or settlement conference shall be made in writing directed to the divorce hearing officer. The opposing party's position must be noted in the request or the request may be denied. Requests for continuance of a divorce hearing shall be made by formal motion and filed with the Prothonotary. The Prothonotary shall forward the motion to the assigned judge. The moving party shall serve a copy of the motion on the divorce hearing officer and opposing counsel/party contemporaneously with filing. The divorce hearing officer shall promptly notify court administration if the matter is continued. The divorce hearing officer may require additional deposits with the Prothonotary prior to hearing. Failure to comply with such a directive shall result in the continuance of any scheduled hearing. In order to avoid delay, the aggrieved party may elect to pay the deposit of the offending party without prejudice to request sanctions be given to the offending party.e)Notification of Settlement of Case Prior to Hearing: If the case is settled prior to a hearing, the parties and their counsel shall immediately notify the divorce hearing officer and court administration of such settlement and inform the divorce hearing officer regarding the manner in which the divorce hearing officer's fees shall be allocated and any surplus fees on deposit with the Prothonotary shall be distributed. A copy of the parties' Marriage Settlement Agreement shall be provided to the divorce hearing officer, if so requested.f)Revocation of Appointment: The appointment of the divorce hearing officer may be revoked by the court sua sponte, or upon motion of either party for good cause shown, or upon motion of the divorce hearing officer on the grounds that no hearing has been held within ninety (90) days after the date of the appointment.g)Hearings and Amendments to Pleadings: The divorce hearing officer shall hold a formal record hearing for the determination of all matters at issue and for consideration of all matters required by Pa. R.Civ.P. Nos. 1920.53 and 1920.54, as may be applicable. The time and place of the hearing shall be directed by court administration. The hearing shall be held in a secure court facility and shall be recorded by a method directed by the court. Subject to the direction of the court, the divorce hearing officer shall have the usual powers of the court, with regard to detention of witnesses and the general course of the proceedings before the divorce hearing officer. The divorce hearing officer shall also have the authority and power to rule on objections and the admissibility of evidence and to permit amendments to the complaint in order to have the pleadings consistent with the testimony given. However, no amendment shall be permitted which changes the grounds for divorce alleged in the complaint. In cases where amendments to the Complaint have been granted, the notice of the filing of the Report and Recommendation shall contain a brief summary of the amendments permitted.h)Presentation of Evidence: To facilitate efficient review of the transcript of the testimony, the divorce hearing officer may require presentation of evidence in the following order: 1. Name, address, age and occupation of each party.2. When the method of service of the complaint has been via certified mail, proof of the defendant's signature.3. Date and place of marriage.4. Length of the parties' respective residences within the Commonwealth of Pennsylvania.5. Name, age and residence of each child of the parties, and with whom each child resides.6. Grounds of divorce or annulment (unless already approved by court order).7. Other relevant matters.Amended effective 7/10/2023; amended effective 12/23/2023.