As amended through January 8, 2015
Rule 500 - Auditors And Auditors' Reports(a) Auditors shall be members of the bar.(b) Auditors' hearings shall be held at the Courthouse and testimony taken either by a court stenographer or by a stenographer to be agreed upon by the parties in interest.(c) Auditors shall give public notice of the time and place of hearings before them, by advertisement once a week for two successive weeks in a newspaper of general circulation of Jefferson County, stating therein that all persons must prove their claims before them or be debarred from coming upon the fund. In addition thereto, auditors shall obtain from the assignors or debtors, a list of their creditors, and, if the proceeds of the sale of real estate are to be distributed, searches for liens and encumbrances, and award distribution accordingly, unless objections be made, in which event those whose claims are subjected to shall be notified to prove their claims or be debarred from coming in upon the fund.(d) Any person desiring an issue to be granted shall present his petition to the auditor within forty-eight hours after the testimony in relation to the matter in dispute is closed, setting forth under oath or affirmation that material facts are in dispute and the nature and character thereof; and it shall be the duty of the auditor forthwith to make report thereof to the court for its action.(e) The auditor shall not file his report until ten days after he has notified all the parties who appeared before him that it is subject to their inspection, and that it will be filed on a given date, unless written exceptions are filed with him before that time. If exceptions are filed, he shall reexamine the subject and amend his report, if, in his opinion, the exceptions are in whole or in part, well founded.(f) The argument before the court shall be confined to the exceptions filed with the auditor; the court will, however, recommit the report if of the opinion that justice requires it.(g) If no exceptions are filed with the auditor, the report, on motion, will be confirmed by the court. (h) When facts are controverted before the auditor, he shall report the same as proved, in a concise or digested form and shall also state concisely the questions of law raised before him and his decisions thereon, with his reasons therefor, and when distribution is made, a distinct account or schedule of the liens on the funds, paid and unpaid, in a form convenient for review shall be made out and presented with the report showing precisely the disposition made of the funds. The testimony, documentary or otherwise, shall be returned separately and filed with the report.(i) The auditor shall file his completed report with the prothonotary, who shall mark it confirmed nisi, which confirmation shall become absolute, without further order, if no objection thereto is made within ten (10) days. If objection to the report is made, it shall be treated as renewal of the exceptions filed by the party with the auditor; and in this case or if exceptions are filed with the prothonotary within this ten day period, the prothonotary shall enter the case on the argument list to be taken up in due course.(j) Upon motion made by a party interested, of misconduct or unreasonable delay on the part of any auditor, the court may either vacate his appointment or grant a rule on him to show cause why he should not proceed forthwith in the duties of his appointment; and in case of contempt, may punish him by fine or attachment,Adopted Jan. 1, 1985, effective 4/1/1985.