Rule 1920.53 - HEARING BY MASTER REPORT. CONTINUANCE(d) The Master shall direct the examination of witnesses and the general course of the proceedings before him. Subpoenas for the attendance of witnesses before the Master shall be issued by the Prothonotary under the seal of Court. The Master shall cause a record to be kept of all proceedings before him. If objection is made to the admission of evidence, an offer and statement of purpose of said evidence, as well as the objection and its grounds, and the Master's ruling shall be noted in the record.(e) The Master shall hold a hearing within sixty (60) days after the pre-hearing conference provided for in Sch.R.C.P. 1920.51(j); or, when he finds that counseling is required under Pa.R.C.P. 1920.45, within sixty (60) days after the expiration of the time for the completion of counseling under that Rule.(f) The Master or Court Administrator may grant only one continuance of a hearing to a day certain to each party. However, the Master may continue any hearing in progress. The motion for continuance shall be made in writing to the President Judge on a form established by the Court. The motion shall include a statement of the reasons for the request, whether the other party or the Master is opposed or unopposed to the request, the number of times the case has previously been continued and a certification by counsel that his/her client has been informed about the request for continuance. If the Master is opposed to the motion, he/she shall state his/her reasons for opposition on the written form.
Counsel have an ongoing duty to consult their scheduling calendar immediately upon receipt of a notice scheduling a court proceeding. In the event a continuance is necessary because of a prior attachment or emergency situation, counsel shall promptly request a continuance, and failure to do so may subject counsel to the contempt powers of the Court. Continuance requests shall be made as soon as the conflict is, or should be known, or within twenty-four (24) hours after discovery of emergency circumstances. Emergency circumstances must be explained in writing, and requests due to scheduling conflicts must include a copy of the conflict attachment notice.
(g)(1) In a contested case the testimony given at a Master's hearing shall be taken by an official court reporter who shall be paid an appearance fee by the party first moving for the appointment of the Master.(2) Upon the closing of the record at the Master's Hearing the parties may agree to those potions of the record to be transcribed, or the Master may direct that all or a portion of the record shall be transcribed. The Master may make an interim allocation of the transcript fees which shall be paid pursuant to Pa.R.J.A. 5000.6.(3) Within five (5) days after the filing of exceptions to the Master's report, the party raising exceptions shall request a transcript of all the testimony pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of the transcript pursuant to Pa.R.J.A. 5000.6. (i) If both parties file exceptions to the Master's report, they shall equally bear the cost of the transcript.(4) In the event of the failure of an excepting party within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law as required by these Rules or Order of Court, the exceptions may be deemed to have been withdrawn and may be dismissed by the court.(5) Upon payment of all fees, the court reporter shall certify the transcript and shall give notice to the Master and to the parties that the transcript has been certified. All objections to the transcript shall be raised within ten (10) days after the date of the notice of the certification, or the objections are deemed to be waived.(h)(1) The testimony in an uncontested case shall be transcribed in question and answer form, shall be read by the witness, and shall be sworn to and signed by the witness in the presence of the Master. Before the Master shall certify such testimony he may examine the witness as to any answers given in such testimony and may demand that the testimony be supplemented, in writing, by answers to other specific questions, or under oath before an official court reporter.(2) The Master's report shall be filed: (i) within thirty (30) days after the closing of the record; or(ii) within thirty (30) days after the notice of the certification of the transcript by the court stenographer when a transcript has been requested; or,(iii) within thirty (30) days after the final memorandum or brief is due, whichever last occurs.(i) Should the Master fail to file his final report within the time specified in Sch.R.C.P. 1920.53(g) or 1920.53(h), there being no rule or other matter not disposed of, a party shall have the right to obtain a rule upon the Master to show cause why the final report should not be filed promptly. If no good cause is shown, and if no report is filed, the Court shall take appropriate action promptly. No action taken hereunder by a party shall adversely influence the Master against that party, and the willful violation of this admonition shall result in the removal of the Master from consideration for appointment as a Master thereafter, any other disciplinary and remedial action that the Court may feel appropriate under the circumstances, or both.(j) The Master shall enclose the papers in the case in a strong paper backer arranged in the following order: (1) Recommendation as to the form and content of the final decree as to the divorce or annulment and for the disposal of related claims;(2) In an uncontested case, the Master's report in the form required by Pa.R.C.P. 1920.53(c) and in a contested matter, in the form required by Pa.R.C.P. 1920.53(b);(3) Testimony; except that in a contested matter, the transcript by the court reporter may be separate from the other papers as long as it is filed at the same time;(4) Exhibits, if any, which are not included with the transcript;(6) Record papers in the case; and(7) A certificate of service of the Notice required by "Sch.R.C.P. 1920.55."Amended effective 3/1/2021; revised 2/23/2022; amended effective 2/1/2024.