Rule 1920.51 - APPOINTMENT OF MASTER(f) A motion for appointment of a Master shall contain a certificate by the moving party that all parties have complied with the filing requirements of Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46. Where no appearance has been entered on behalf of the defendant, service of advance notice shall be by first-class mail to the defendant's last known address. (1) If Pa.R.C.P. 1920.31(a)(1) or 1920.33(a) are inapplicable, the moving party shall so certify in his motion. A Master shall not be appointed until the parties have either complied with Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46 or the Court has made an Order under Pa.R.C.P. 4019.(g)(1) Before presenting a motion for appointment of a Master, the moving party shall deposit with the Prothonotary the applicable Master's fees for the issues raised in the amount as set by Order of Court. The Prothonotary shall endorse the fact of such payment upon the proposed "Order Appointing Master" before same is submitted to the Court.(2) No Master's fee shall be refunded after a pre-hearing conference has been held or continued under "Sch.R.C.P. 1920.51(j)(2)."(h) The Court, upon motion for appointment of Master, shall refer the matter to the Domestic Relations Master, designate the issues to be considered, and serve the Order of Appointment on the Master.(i) Within ten (10) days of being served by the Court with the order of Master's appointment, the Domestic Relations Master may move the Court to have an Associate Domestic Relations Master appointed in his place for cause shown. The Court in its discretion, based on the averments of the motion, may deny the motion or may enter a modified order replacing the Domestic Relations Master with an Associate Domestic Relations Master. Where an Associate Domestic Relations Master is appointed, he shall proceed as provided for below.(j)(1) The Master, within ten (10) days of being served with the order of Master's appointment, may give notice of the time and place for a pre-hearing conference, by first-class mail at least five (5) business days prior to the pre-hearing conference.(2) A pre-hearing conference may be continued only for cause shown and upon approval of an "Application for Continuance" by the Court Administrator or Master.(k)(1) Within twenty (20) days after the appointment of a Master by the Court, but no later than the pre-hearing conference, each party shall file a memorandum substantially in the form required by Sch.R.C.P. 212.2(b) prior to a pre-trial conference.(2) Either party may include in their memorandum copies of documents, reports, bills, statements, or appraisals certified by competent expert witnesses, officials, or from governmental records which are to be offered into evidence. Unless objected to at the pre-hearing conference, same may be entered into evidence without further proof. If there are objections, then the evidentiary rules must be strictly complied with. However, should the documentary evidence objected to be substantiated at the time of hearing and it appears that the objections to the documentary evidence were in bad faith, the cost of producing the witnesses to substantiate such evidence may be assessed against the objecting party.(l) At the pre-hearing conference the Master will review the following with counsel for the parties or, where a party has appeared without counsel, with the party: (1) the respective positions of the parties on each claim, including those where settlement has been reached;(2) discovery which has been completed, including the income and expense statements (see Pa.R.C.P. 1920.33);(3) any documentary evidence to be presented at hearing under Sch.R.C.P. 1920.51(k);(4) the witnesses each party proposes to call at hearing;(5) all matters which may be stipulated by the parties at hearing; and(6) such other relevant matters as should be raised by either of the parties or the Master.(m) Following the pre-hearing conference, the Master shall:(1) prepare a summary of the discussions and action taken at the pre-hearing conference;(2) serve a copy of the summary on counsel for the parties, or where a party has appeared without counsel, on the party;(3) include notice with the summary served that either party shall have ten (10) days to serve each other party and the Master with a countersummary addressed to such points as that party views differently than was noted in the summary by the Master and that at the expiration of said ten (10) days the Master's summary and any countersummaries properly served will be included as part of the record; and(4) where it appears that discovery has not been completed, including specifically filing of income and expense statements, inventory and appraisal, and pre-hearing memoranda [see Sch.R.C.P. 1920.51(k)], the Master may proceed and deem the right to file waived, direct parties to complete discovery prior to the time set for hearing, direct that the discovery be completed and a second pre-hearing conference be scheduled, or move the court to vacate the Master's appointment with forfeiture of Master's fees paid.(n)(1) In complex contested matters which require the hearing to be continued in progress, the Master may assess additional Master's fees of $75.00 per each additional hour. Each additional conference, beyond the first, shall be considered for these purposes as a hearing.(2) Where additional Master's fees are assessed, the moving party shall deposit the fee with the Prothonotary and concurrently file a Praecipe substantially in the following form: (CAPTION)
PRAECIPE FOR DEPOSIT OF ADDITIONAL MASTER'S FEE
To the Prothonotary:
As directed by the Master in the above-captioned case, deposit the sum of $______.00 for _______ additional Master's Hearing days at the rate of $75.00 per hour in compliance with Sch.R.C.P. 1920.51(n).
Attorney for (Plaintiff/Defendant)
RECEIVED this day the sum of $_______.00, additional Master's fee in the above-captioned case.
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Prothonotary
Amended effective 3/1/2021; revised 2/23/2022; amended effective 2/1/2024.