Rule 1915.21 - Custody Litigation Processa) Within ten (10) days from the date of service of a Custody Order, a party may file a request for Evidentiary Hearing form in the Blair County Prothonotary's Office (FORM 3 ), 1) There is no filing fee required. The request form must be served on the other counsel/party with the specific issues identified for consideration in the Evidentiary Hearing. The request form shall be forwarded by the Prothonotary to the Court Administrator's Office for a date to be assigned for a prehearing conference before the Hearing Officer. 2) Ten (10) days prior to the prehearing, parties and/or counsel shall submit to the Court Administrator a prehearing narrative, including but not limited to the following: (i) Names and addresses of all witnesses, including experts. (ii) Summary of each witness's anticipated testimony. (iii) Copies of all exhibits,(iv) Anticipated length of trial.(v) Proposed custody arrangement for both parties, (vi) Requested stipulation of facts. 3) If no prehearing narrative is filed, the offending party may be fined or sanctioned otherwise by the Court. Comment - 1998
As to (2)(v) Each party shall prepare a parenting arrangement that encompasses time with both parents. The arrangements should be prepared from the perspective that each party would consider either side of the proposal reasonable wore they in the position of the other party.
b) The prehearing conference will be conducted by the Blair County Prehearing Officer in preparation for a trial by the parties before a Blair County Judge. The prohearing to focuses on identification of contested issues, witnesses to testify, exchange of medical reports, names of any expert witnesses to be called, exhibits and requests for an interview of a child. A time and date for the Evidentiary Hearing will be set and any requirement of the filing of any briefs will also be discussed, A summary will be forwarded by the Prehearing Officer to a Judge in preparation for trial.c) Before a party can request Special Relief a complaint for custody must be filed or a Court Order must be in effect. At any time during the custody process, a party may file a Motion for Special Relief setting forth facts as to why the child is in. immediate danger of physical injury or serious emotional harm. Where such a motion is filed concerning a temporary or recommended order of custody, the Petitioner mast show why the custody arrangement is so harmful to the child to warrant Court intervention apart from the standard custody process, Comment - 1998
Motions for Special Relief will be screened prior to any hearing scheduled and may be denied without hearing, Special Relief Motions will be scheduled by the Court Administrator. The Petitioner must provide service to the Respondent prior to the case being heard. Special Relief will be decided on oral argument only.