As amended through April 1, 2024
Rule 1920.51 - Appointment Of Master. Notice Of Hearing(A) Cases in Which a Master May Be Appointed. A hearing master may be appointed to hear all matters authorized by Pa.R.C.P. No. 1920.51, including discovery disputes, except child support, partial custody or visitation.(B) Procedure to Appoint a Master. (1) The moving party shall present to the prothonotary the original and one (1) copy of a motion to appoint a master. If the moving party seeks appointment of a master solely to address a discovery issue, the filing party must include as an attachment to the motion to appoint a master a fully executed discovery status conference information sheet as prescribed by the master.(2) The moving party shall pay any required filing fee. The court may limit the number of hours of the master's time that will be provided, and may impose additional fees if the parties exceed the time allotted. Fees shall be regarded as costs of the case, and the master may recommend that either party bear those costs or reimburse the other party in full or in part for fees previously paid.(3) The moving party shall also obtain the prothonotary's time-stamp on a sufficient number of additional copies of the motion, which the moving party shall serve on all parties pursuant to Pa.R.C.P. No. 1930.4.(4) The prothonotary shall serve the copy of the motion upon the master.(5) The court shall issue an order appointing a master and an order to schedule such further proceedings as may be necessary. The master shall file both orders with the prothonotary.(6) The prothonotary shall serve copies of the appointment and scheduling orders and divorce master memoranda upon all parties.(C) Request for Return of Appointment Fees. In any action where the appointment of a master is withdrawn after the appointment has been made by the court, the party who paid the fees specified in this subsection may petition the court for the return of the fees less fifty dollars ($50.00), provided that no initial conference has been held and written notice of discontinuance or revocation of the appointment of a master has been delivered to the master no less than fifteen (15) days in advance of the first scheduled proceeding.(D) Certification that discovery is substantially complete. In all cases except for discovery appointments, the moving party shall certify in the motion to appoint that discovery is substantially complete with respect to the claims being presented to the master. Failure to comply with this requirement may result in the denial of the motion or rescission of the appointment. "Substantially complete" means that both parties have all documents and other information necessary to proceed to trial, except for recent pay statements, updated account statements, and proof of change of circumstances that may be provided before the hearing.(E) Scheduling of Preliminary Proceedings and Hearings Before the Master. (1) Attendance at Conferences. Both parties and their counsel shall attend all conferences unless excused in advance by the master. A request for a party to be excused or for a party to participate by electronic means must be made in writing and delivered to opposing counsel and to the master no less five (5) business days in advance of the scheduled conference. Failure of any party or counsel to attend a scheduled proceeding before the master may subject the offending party or attorney to appropriate sanctions, which may include a monetary penalty. Furthermore, the master may proceed with the conference or hearing without the participation of that party provided written notice of the conference or hearing had been given.(2) Continuance Requests. All continuance requests shall be made on the application for continuance form promulgated by the court. The response and signature of opposing counsel should be included on the form. Any request for continuance shall be filed with the prothonotary in accordance with York R.C.P. 208.3(A) and the directions set forth within the form.(3) Sanctions by Masters. If either party fails to comply with the discovery deadlines established by the master in the preliminary conference memorandum or otherwise: (a) the master, on motion of the adverse party or sua sponte, may continue the matter until discovery is complete and/or recommend any sanction outlined in Pa.R.C.P. No. 1920.33(d) or Pa.R.C.P. No. 4019(c)(1), (2), (3), or (5); and(b) the aggrieved party may elect to file, pursuant to York R.C.P. 208.3(A), a motion in motions court for a protective order, or to compel discovery in accordance with the master's directive or otherwise. The court may, either on the recommendation of the master, request of a party or sua sponte, impose counsel fees against the non-complying party if the court sustains the master's discovery directive and the requested information was not provided prior to the presentation of the motion to compel.Amended effective through 8/1/2023.