Rule 1920.54.A - Hearing by Hearing Officer. Report. Related Claims(a)Preliminary Conference - (1) A Hearing Officer shall hold a preliminary conference within thirty (30) days after being appointed to determine the scope of the ancillary issues raised. No stenographic record shall be made of this conference unless requested by a party and approved by the Hearing Officer in which case that party shall engage and bear the cost of the stenographer.(2) At the time of the Preliminary Conference, the parties shall submit an inventory, a vital statistics form or a memorandum setting forth the information requested in the vital statistics form.(3) A Hearing Officer may recommend to the court the entry of orders for counsel fees, expenses or costs following the preliminary conference. Comment: See C.C.R.C.P. 1920.1.A. for the definition of inventory.
(b)Discovery -(1) Counsel may prepare and submit to the assigned Hearing Officer and opposing counsel a list of requested discovery at the preliminary conference.(2) A Hearing Officer may recommend to the court the entry of orders for discovery, including but not limited to, the filing of an inventory, an income and expense statement and affidavit of vital statistics. Said discovery orders may include discovery deadlines upon the request of either party or at the direction of the Hearing Officer.(3) In any divorce matter in which a Hearing Officer has been appointed, all discovery motions, which do not involve a non-party, filed pursuant to Pa.R.Civ.P. 1930.5 and Pa.R.Civ.P. 4001et seq. shall be heard by the Hearing Officer. (4) An argument, if requested by either party, shall be scheduled before the Hearing Officer. At the conclusion of the argument or within a reasonable time, the Hearing Officer may make a recommendation and advise the parties they have ten (10) days in which to request an argument before the Court. At the conclusion of the ten (10) days, if no objections have been filed, the recommendation shall become an order of the Court. In the event objections are filed, the matter shall be listed, in the normal course of business for argument before the Court. Argument shall be limited to the issues raised by the pleadings.(5) All Objections shall be in writing and filed within ten (10) business days of the recommendation. A copy shall be served upon the Family Court Administrator who shall schedule the case for argument and promptly notify all counsel and unrepresented parties in the case.(c)Settlement Conference - The Hearing Officer shall conduct a settlement conference at which both parties shall submit a statement, which: (1) Gives biographical information of each party, including but not limited to, age, education, occupation, income, health and children;(2) Contains any updates on valuation of property at issue;(3) Identifies any and all legal or factual disputes or issues; and(4) Contains a proposed specific schedule of distribution of all property including the percent of distribution to each party.(d) Certification of Trial Readiness- (1) At the conclusion of the settlement conference, if all discovery has been completed, the deadline for discovery has passed, the case has not settled and divorce grounds have been established, the parties may file a Certification of Trial Readiness.(2) A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Hearing Officer and proof thereof, shall be filed with the Prothonotary. Any certificate that fails to include an estimated time of trial will be rejected by the Hearing Officer and not placed on the Hearing Officer's trial list.(3) Upon receipt of the Certification of Trial Readiness by the Hearing Officer, the matter shall be placed on the assigned Hearing Officer's trial list in accordance with the filing date as indicated by the Prothonotary's time-stamp.(4) All certifications of trial readiness shall be filed on blue paper with the Office of the Prothonotary. Comment: The form certificate has been moved to C.C.R.C.P. 1920.74.A. to be consistent with Pa.R.Civ.P. 1920.7, et seq.
(e)Hearing - (1) The Hearing Officer shall hold a formal record hearing for the determination of all matters at issue. Each party shall file a pre-trial statement in conformance with Pa.R.Civ.P. 1920.33(b) not less than then (10) calendar days prior to the scheduled Hearing Officer's hearing.(2) Failure to comply with the above rule may result in the imposition of sanctions recommended by the Hearing Officer and will, in addition, permit the drawing of adverse inferences by the Hearing Officer and the court.(3) A copy of the pre-trial statement shall be served upon the Hearing Officer and opposing counsel or any unrepresented party. Proof of service shall be filed with the Prothonotary.(4) The time and place of hearing shall be designated by the court. Court reporters shall be made available to the Hearing Officers. Once a hearing begins, it shall proceed to its conclusion within the limits of the estimated trial time. Thereafter, scheduling shall be consistent with the schedule of the Hearing Officer.(5) The Hearing Officer shall file a report in accordance with Pa.R.Civ.P. 1920.53, 1920.54 and 1920.55-2(a)(1), (2). Chest. Cnty. Ct. Comm. Plea. R. 1920.54.A
Amended effective 6/13/2022.Comment: Exhibits not attached and intended to be used as rebuttal or on crossexamination are still subject to relevancy standards by the finder of fact.
Comment: See generally, Pa.R.Civ.P. 1920.33.