231 Pa. Code § 1910.12

Current through Register Vol. 54, No. 27, July 6, 2024
Rule 1910.12 - Office Conference. Hearing. Record. Exceptions. Order
(a)Office Conference. There shall be an office conference as provided by pa.r.c.p. no. 1910.11(a) through (d). The provisions of pa.r.c.p. no. 1910.11(d)(3) and (4) regarding income information apply in cases proceeding pursuant to pa.r.c.p. no. 1910.12.
(b)Conference Conclusion.
(1) At the conclusion of a conference attended by both parties, if an agreement for support has not been reached, and the conference and hearing are not scheduled on the same day, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. No. 1910.27(e), and the parties shall be given notice of the date, time and place of a hearing. A record hearing shall be conducted by a hearing officer who must be a lawyer.
(2) If either party, having been properly served, fails to attend the conference, the court may enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. No. 1910.27(e). Within 20 days after the date of receipt or the date of mailing of the interim order, whichever occurs first, either party may demand a hearing before a hearing officer. If no hearing is requested, the order shall become final.
(3) Any lawyer serving as a hearing officer 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, or judge of the same judicial district.
(c)Separate Listing.
(1) Except as provided in subdivision (c)(2), promptly after the conference's conclusion , a party may move the court for a separate listing of the hearing if:
(i) there are complex questions of law, fact or both;
(ii) the hearing will be protracted; or
(iii) the orderly administration of justice requires that the hearing be listed separately.
(2) When the conference and hearing are scheduled on the same day, all requests for separate listing shall be presented to the court at least seven days prior to the scheduled court date.
(3) If the motion for separate listing is granted, discovery shall be available in accordance with Pa.R.C.P. No. 4001 et seq.
(d) The hearing officer shall receive evidence, hear argument and, not later than 20 days after the close of the record, file with the court a report containing a recommendation with respect to the entry of an order of support. The report may be in narrative form stating the reasons for the recommendation and shall include a proposed order substantially in the form set forth in Rule 1910.27(e) stating:
(1) the amount of support calculated in accordance with the guidelines;
(2) by and for whom it shall be paid; and
(3) the effective date of the order.
(e) The court, without hearing the parties, shall enter an interim order consistent with the proposed order of the hearing officer. Each party shall be provided, either in person at the time of the hearing or by mail, with a copy of the interim order and written notice that any party may, within twenty days after the date of receipt or the date of mailing of the order, whichever occurs first, file with the domestic relations section written exceptions to the report of the hearing officer and interim order.
(f) Within twenty days after the date of receipt or the date of mailing of the report by the hearing officer, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of facts, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final order, leave is granted to file exceptions raising those matters. If exceptions are filed, any other party may file exceptions within twenty days of the date of service of the original exceptions
(g) T If no exceptions are filed within the twenty-day period, the interim order shall constitute a final order.
(h) If exceptions are filed, the interim order shall continue in effect. The court shall hear argument on the exceptions and enter an appropriate final order substantially in the form set forth in Rule 1910.27(e) within sixty days from the date of the filing of exceptions to the interim order. No motion for post-trial relief may be filed to the final order.

231 Pa. Code § 1910.12

The provisions of this Rule 1910.12 adopted April 23, 1981, effective 7/22/1981, 11 Pa.B. 1625; amended October 19, 1983, effective 1/1/1984, 13 Pa.B. 3629; amended March 23, 1987, effective 7/1/1987, 17 Pa.B. 1499; amended November 7, 1988, effective 1/1/1989, 18 Pa.B. 5326; amended September 29, 1989, effective 10/15/1989, 19 Pa.B. 4451; corrected October 27, 1989, effective 10/15/1989, 19 Pa.B. 4603; amended March 30, 1994, effective 7/1/1994, 24 Pa.B. 1953; amended September 28, 1995, effective 1/1/1996, 25 Pa.B. 4095; amended May 5, 1997, effective 7/1/1997, 27 Pa.B. 2532; amended May 31, 2000, effective 7/1/2000, 30 Pa.B. 3155; amended August 8, 2006, effective immediately, 36 Pa.B. 4709; amended August 26, 2011, effective 11/1/2011, 41 Pa.B. 4847; amended December 23, 2011, effective 1/31/2012, 42 Pa.B. 379, 545; amended July 2, 2014, effective in 30 days on August 1, 2014, 44 Pa.B. 4476; amended March 4, 2015, effective in 30 days on April 3, 2015, 45 Pa.B. 1354; amended October 19, 2021, effective 1/1/2022, 51 Pa.B. 6764.