Rule 1910.12 - OFFICE CONFERENCE HEARING. RECORD. EXCEPTIONS. ORDER(b)(1) If an agreement has not been reached by the parties, the court shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. 1910.26(e). Within ten (10) days after the date of the order, either party may demand a hearing before a hearing officer. If a demand for hearing is filed, the matter shall be assigned to the Hearing Officer for hearing and further proceedings in accordance with Pa. R.C.P. 1910.12(b)-(g) and these rules. If no hearing is requested, the order shall become final. (i) A request for continuance of a support hearing shall be made in writing to the Hearing Officer on a form established by the Court. The request shall include a statement of the reasons for the request, whether the other party is opposed or unopposed, and the number of times the case has been previously continued. The Hearing Officer shall have authority to approve only one continuance request from each party. If the Hearing Officer denies a request for a continuance, he shall state the reasons for the denial on the written request.(ii) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the President Judge.(iii) Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.(c)(3) The order may also specify the time within which such discovery must be completed.(d) Within five (5) business days following the taking of testimony, the Hearing Officer shall file with the court a report containing a recommendation with respect to the entry of an order of support.(e)(1) In complex contested matters which require the hearing to be continued in progress, the Hearing Officer may assess additional fees of $100.00 per each additional hearing day. Each additional conference, beyond the first, shall be considered for these purposes as a hearing.(2) Where additional Hearing Officer's fees are assessed, the moving party shall deposit the fee with the Domestic Relations office and concurrently file a Praecipe substantially in the following form: (CAPTION)
PRAECIPE FOR DEPOSIT OF ADDITONAL HEARING OFFICER'S FEE
To the Prothonotary:
As directed by the Hearing Officer in the above captioned case, deposit the sum of $_____.00 for ______ additional hearing days in compliance with Sch.R.C.P. 1910.12(e).
_______________________________________
Attorney for (Plaintiff/Defendant)
Received this day the sum of $________.00, additional Hearing Officer's fees in the above captioned case.
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Domestic Relations Office
(f)(1) Within five (5) days of filing Exceptions to the Report of the Hearing Officer, pursuant to Pa.R.C.P. 1910.12(f), the party raising exceptions shall request a transcript of all of the testimony, pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of said transcript pursuant to Pa.R.J.A. 5000.6.(2) If both parties file Exceptions to the Report of the Hearing Officer, they shall equally bear the cost of the transcript of the testimony.(3) In the event of the failure of an excepting party within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law, the exceptions may be deemed to have been withdrawn and may be dismissed by the Court.(4) Upon filing of the transcript of testimony, the file shall be delivered to the Court for disposition pursuant to Pa.R.C.P. 1910.12(h). Within ten (10) days of receiving notice of such filing with the Court, the moving party shall file a memorandum of law related to the issues raised in the exceptions, and shall within three (3) days serve a copy of such memorandum upon counsel or upon the opposing party, if not represented by counsel. The opposing party may within ten (10) days file an opposing memorandum.Amended effective 3/1/2021; revised 2/23/2022; amended effective 2/1/2024.