Current through Register Vol. 54, No. 23, June 8, 2024
Rule 1920.51 - Hearing by the Court. Appointment of Hearing Officer. Notice of Hearing(a) In an action of divorce or annulment: (1) The court may: (i) hear the testimony; or(ii) upon motion of a party or of the court, appoint a hearing officer:(A) before entry of the divorce decree to hear the testimony for the ancillary claims of alimony, equitable division of marital property, partial physical custody, supervised physical custody, counsel fees, and costs and expenses, which are raised in the pleadings, and to issue a report and recommendation, provided that grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code have been established and approved by the court as outlined in Pa.R.C.P. No. 1920.42;(B) before approving grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code for the limited purpose of assisting the parties and the court on issues of discovery or settlement;(C) to hear the testimony for establishing grounds for divorce under Sections 3301(a) or 3301(b) of the Divorce Code or annulment and the ancillary claims, which are raised in the pleadings, and to issue a report and recommendation; or(D) after a party files a counter-affidavit denying the averments in the affidavit in an action under Section 3301(c)(2) or 3301(d) of the Divorce Code, including the date of separation, to hear the testimony and to issue a report and recommendation.(2) The court shall not appoint a hearing officer:(i) to approve grounds for divorce under Sections 3301(c) or 3301(d) of the Divorce Code; or(ii) for the claims of legal custody, sole physical custody, primary physical custody, shared physical custody, or paternity.(3) The Motion for the Appointment of a Master and the order shall be substantially in the form prescribed by Pa.R.C.P. No. 1920.74. The order appointing the master shall specify the issues or ancillary claims that are referred to the hearing officer.(4) A permanent or standing master employed by or under contract with a judicial district or appointed by the court shall not practice family law before a conference officer, hearing officer, permanent or standing master, or judge of the same judicial district.(b) Written notice of the hearing shall be given to each attorney of record by the hearing officer. If a hearing officer has not been appointed, the prothonotary, clerk, or other officer designated by the court shall give the notice.(c) If no attorney has appeared of record for a party, notice of the hearing shall be given to the party by the hearing officer, or if a hearing officer has not been appointed, by the prothonotary, clerk, or other officer designated by the court, as follows: (1) to the plaintiff, by ordinary mail to the address on the complaint;(2) to the defendant, (i) if service of the complaint was made other than pursuant to special order of court, by ordinary mail to the defendant's last known address; or(ii) if service of the complaint was made pursuant to special order of court, (a) by sending a copy of the notice by ordinary mail to the persons, if any, named in the investigation affidavit, likely to know the present whereabouts of the defendant; and (b) by sending a copy by registered mail to the defendant's last known address.(d) Advertising of notice of the hearing shall not be required.(e) Proof of notice shall be filed of record.The provisions of this Rule 1920.51 adopted June 27, 1980, effective 7/1/1980, 10 Pa.B. 2967; amended January 28, 1983, effective 7/1/1983, 13 Pa.B. 677; amended September 29, 1989, effective 10/15/1989, 19 Pa.B. 4451; amended May 17, 1991, effective 7/1/1991, 21 Pa.B. 2615; amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1953; amended July 15, 1994, effective 1/1/1995, 24 Pa.B. 3803; amended September 11, 1995, effective 1/1/1996, 25 Pa.B. 4097; amended July 8, 2010, effective 9/6/2010, 40 Pa.B. 4140; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended July 30, 2018, effective 1/1/2019, 48 Pa.B. 4960; amended June 3, 2019, effective 10/1/2019, 49 Pa.B. 3059; amended October 19, 2021, effective 1/1/2022, 51 Pa.B. 6764.