As amended through August 12, 2024
Rule 1920.55-2 - Divorce Hearing Officer's Report and Recommendation. Notice. Exceptions. Final Decreea)Report and Recommendation: After the conclusion of any hearing, the Divorce Hearing Officer shall file the record and a written Report and Recommendation in accordance with Pa. R.Civ.P. No. 1920.55-2(a). The Divorce Hearing Officer shall file the original Report and Recommendation and all exhibits admitted at hearing with the Prothonotary for docketing, accompanied by a Confidential Information Form as required by the Case Records Public Access Policy of the United Judicial System of Pennsylvania. The Divorce Hearing Officer shall shall serve copies of the Report and Recommendation to all counsel and self-represented parties and file a certificate of service accordingly.b)Exceptions: 1.Procedure: Exceptions to the Report and Recommendation of the divorce hearing officer shall be filed with the Prothonotary, and a copy thereof served at the same time upon opposing counsel or self-represented party. The Prothonotary shall forward the exceptions to the judge assigned.2.Interim Order: Upon filing of exceptions in all divorce and annulment actions, the Report and Recommendation of the divorce hearing officer shall be effective as an interim order as to those issues. The exceptions shall not act as a stay pending resolution of the exceptions.3.Transcript Requests: A party who files exceptions shall order, pay for, and file a transcript of the divorce hearing, following the procedure outlined in Adams R.J.A. Nos. 4007, 4008, 4009 and 4011. If a transcript of proceedings is needed to assist the divorce hearing officer in resolving the case, the divorce hearing officer may request a transcript through the assigned judge's chambers.4.Brief in Support of Exceptions: If either party files exceptions to the Report and Recommendation, the party filing exceptions shall file and serve a brief in support of their exceptions within twenty (20) days of filing of the exceptions. When applicable, this brief shall cite to the page number(s) in the transcript which relate to a particular issue. The brief in support of exceptions shall be filed with the Prothonotary and served upon the opposing counsel or self-represented party. Failure to file and serve a supporting brief within the time frame allotted shall result in the exceptions being deemed withdrawn and, upon Praecipe by either party, the court shall enter an order dismissing the exceptions.5.Responsive Brief: If a brief in support of exceptions has been timely filed and served, the party opposing the exceptions shall file a brief in opposition within fifteen (15) days after service of the brief in support of exceptions. When applicable, this brief shall cite to the page number(s) in the transcript which relate to a particular issue. This brief shall be filed with the Prothonotary and served upon the opposing counsel or self-represented party.6.Oral Argument: Oral argument shall automatically be scheduled by the court unless both the parties file a written waiver.7.Transmittal of the Record: If no exceptions are filed by any party in the time prescribed by the Pennsylvania Rules of Civil Procedure, or if exceptions have been filed and an Order has been entered disposing of the exceptions, the court will, upon Praecipe filed by either party, enter the final Decree in Divorce.c)Delinquent Report: If a divorce hearing officer fails to file a Report and Recommendation within the period established by the Pennsylvania Rules of Civil Procedure, the divorce hearing officer shall report such failure to the court, explain the reasons for the failure and state when the report shall be filed. The court may terminate a divorce hearing officer's appointment, reduce or deny compensation, or order other such relief as may be appropriate, in instances where the divorce hearing officer has violated this rule, or has failed to comply with the time limits of the Pennsylvania Rules of Civil Procedure, without adequate explanation. Such relief may be ordered by the court sua sponte, or upon application of any party.Amended effective 7/10/2023; amended effective 12/23/2023.