Chest. Cnty. Ct. Comm. Plea. R. 1930.5.A

As amended through February 1, 2024

Rule 1930.5.A - Discovery in Domestic Matters. Sanctions

If either party does not comply with a discovery order, the Hearing Officer may either:

(a) Proceed, nevertheless, to consider the evidence presented by the parties and, in his or her closing report, recommend sanctions against the non-complying party, including deemed admissions on the matters involved; or

(b) Make an immediate recommendation to the court that sanctions of a specified nature be imposed.

Chest. Cnty. Ct. Comm. Plea. R. 1930.5.A

Amended effective 6/13/2022.

Comment: Pa.R.Civ.P. 1920.33(a) requires the filing of an inventory by each party within ninety (90) days after service of a pleading or petition containing a claim for determination and distribution of property under 3502 of the Divorce Code. Any party who has complied with these Rules may, where appropriate, apply to the court for sanctions pursuant to Pa.R.Civ.P. 4019 if the opposing party has failed to answer interrogatories and/or failed to file a required document. In the event of a successful Application pursuant to Pa.R.Civ.P. 4019, the Court of Common Pleas of Chester County may grant a broad order requiring, inter alia: timely answers to interrogatories; timely production of all relevant documents requested; and, when appropriate, deposition of the uncooperative party. Failure to comply with a court order requiring compliance with mandatory or other discovery will result in the imposition of appropriate sanctions, which may include, inter alia, an award of counsel fees and/or costs.