Rule 1920.53.A - Hearing Officer. Hearing Officer Report(a)Hearing Officer's Duty to Determine Jurisdiction - The Hearing Officer shall examine the formal sufficiency and regularity of the proceedings and the question of jurisdiction on the face of the pleading. If defective, but curable by amendment, the Hearing Officer shall notify counsel and suspend further action until the necessary amendment is made. When the Hearing Officer is satisfied of the formal sufficiency and regularity of the proceeding and the existence of jurisdiction, the hearing shall proceed as follows: (b)Divorce and Annulment Cases - (Not Involving Equitable Distribution.) (1) Counsel or any unrepresented party shall be provided with written notice of the hearing at least ten (10) days prior thereto.(2) The Plaintiff shall, prior to the hearing, submit to the Hearing Officer a written "Plaintiff's Record of Testimony" bearing the case caption, and consisting of the following: (i) The Plaintiff's testimony, in question-and-answer form, signed and verified by the Plaintiff,(ii) Any exhibits specifically identified in the Plaintiff's evidence, and(iii) The testimony of each of the Plaintiff's witnesses, in question-and- answer form, signed and verified by the witnesses.(c)(1) The Hearing Officer's hearing in uncontested cases shall be conducted as follows: (i) At the time hearing, the Plaintiff and all witnesses whose Record of Testimony has been prepared in advance shall be present and shall affirm their prerecorded evidence, under oath or affirmation, in the Hearing Officer's presence.(ii) The Hearing Officer may examine the Plaintiff and the witnesses regarding the prerecorded evidence to evaluate their credibility and may interrogate them as to any relevant matter whether or not included in the prepared record of testimony.(iii) The Hearing Officer, upon being satisfied that the Plaintiff's record of testimony is credible, shall accept it and include it in the Hearing Officer's report in lieu of findings on the merits, provided however, that in the report the Hearing Officer certifies that:(a) At the hearing and in the Hearing Officer's presence the Plaintiff and witnesses offering prerecorded testimony were placed under oath and were examined and that they, by credible evidence, substantiated the facts set forth in the Plaintiff's record of testimony, and(b) No witness who was sworn or affirmed presented testimony or evidence contrary to the facts set forth in such record testimony.(c) A report and recommendation of the Hearing Officer shall issue at some time after hearing.(d) The Hearing Officer's hearing, in contested divorce and annulment cases, shall be conducted as follows:(1) The parties shall appear and present evidence, with a Court Reporter present.(2) The Hearing Officer may inquire of the parties under oath.Chest. Cnty. Ct. Comm. Plea. R. 1920.53.A
Amended effective 6/13/2022.