Rule 1920.51-1 - Appointment of Divorce Hearing Officer for Discovery(a) Either party may request the appointment of the Divorce Hearing Officer for the purposes of resolving discovery disputes and settlement prior to (or in limited situations, after) the entry of an order approving grounds for divorce. All divorce discovery disputes prior to the entry of a final divorce decree shall be handled by the Divorce Hearing Officer. The party requesting the appointment shall pay to the Prothonotary an initial administrative fee as listed on the Prothonotary's Fee Schedule, although this fee may be reapportioned between the parties by the Hearing Officer or waived following a motion to the Court demonstrating good cause.(b) Appointment. (1) The party seeking appointment shall use the form and proposed order for Motion to Appoint the Divorce Hearing Officer for Discovery and Settlement prescribed by the Court and available on the Court Website.(2) The completed motion and proposed order shall be filed with the Prothonotary and served upon the other party.(3) The other party shall have 30 days from the date of service of the Motion to file a response, including any discovery issues the respondent believes should also be addressed by the Hearing Officer. Failure to timely respond may result in the Hearing Officer recommending the requested relief without a Conference or Hearing.(c) Initial Conference.(1) Within 10 days following receipt of the appointment order, the Hearing Officer will schedule an initial conference with counsel (and the parties if one or more are unrepresented).(2) If an agreement is reached (on discovery or global resolution), the Hearing Officer will file a Memorandum outlining the agreement. This Memorandum will be assigned to a judge for entry as an Order of Court.(3) The appointment of the Divorce Hearing Officer will terminate automatically upon the filing of the Memorandum.(d) Hearing. (1) If no agreement is reached at the initial conference, the Divorce Hearing Officer will schedule a hearing. Proof of hearing notice (as well as proof of notice of any continued or additional hearing dates) shall be filed of record.(2) Following the hearing, the Divorce Hearing Officer will file and serve a Report and Recommendation outlining the required exchange of discovery, as well as an apportionment of the fees for appointment, if appropriate.(3) The appointment of the Divorce Hearing Officer will terminate automatically upon the filing of the Report and Recommendation.(e) Exceptions. (1) Exceptions to a Discovery Report and Recommendation will follow the procedures outlined in Pa. R.C.P. 1920.55-2.(2) If exceptions are filed, the Prothonotary shall promptly forward the case to the Court Administrator who shall assign them to a judge.(3) If no timely exceptions are filed, the Report and Recommendation will be assigned to a judge for entry as an Order of Court.(f) Contempt. (1) If either party fails to abide by a Memorandum or Report and Recommendation, the aggrieved party may file the form and proposed order for Motion to Appoint the Divorce Hearing Officer for Discovery and Settlement.(2) The Divorce Hearing Officer will be reappointed and will follow the same procedures outlined above.(3) The Divorce Hearing Officer is authorized to recommend contempt sanctions, including, but not limited to: apportionment of the appointment fees, preclusion of evidence at future hearings, and awarding of counsel fees.Cumb. Cnty. Pa. 1920.51-1
Amended effective 1/1/2024.