Adoption of New Local Rules of Court—2002; No. CP-03-AD-0000189-2002
[40 Pa.B. 5568]
[Saturday, October 2, 2010]
Order of Court
And Now, this 13th day of August, 2010, effective November 1, 2010, it is hereby Ordered that Armstrong County Local Rule of Civil Procedure No. 1910.12 be amended to read as follows
Rule 1910.12. Office Conference. Hearing. Continuances. Appearances by Attorneys. Exceptions to Hearing Officer's Report. Transcript.
(a) An office conference scheduled as a result of the filing of a complaint shall be continued by the conference officer one time upon written request of a party. Each party shall be entitled to one such continuance. Thereafter, an additional continuance shall be allowed by the conference officer only if the parties agree thereto in writing or if an order of Court is obtained directing the same.
(b) The continuance of an office conference scheduled as a result of the filing of a petition to modify shall be allowed by the conference officer only if the parties agree thereto in writing or if an order of Court is obtained directing the same.
(b.1) Notwithstanding the provisions of subsections (a) and (b) of this Rule, if litigation on a current complaint or current petition to modify, including exceptions or appeals thereon, is still pending at the time a new petition to modify is filed, the office conference will not be scheduled until after the current litigation has been disposed of, unless otherwise directed by special order of Court.
(c) The continuance of a hearing to be conducted by a hearing officer may be allowed at the hearing officer's discretion.
(c.1) Notwithstanding the provisions of subsections (a), (b), (b.1), or (c) of this Rule, a general continuance or its equivalent may only be obtained by order of court. The Court, in its order granting a general continuance or its equivalent, may provide for the automatic dismissal of the cause then before it if no further action is requested or directed by a party within 180 days of the Order of Court granting the continuance.
(d) An application for a court order directing a continuance of either an office conference or a hearing shall be presented in Motions Court.
(d.1) The failure of a party to appear at a hearing after receiving notice thereof may be deemed by the hearing officer as the withdrawal of that party's complaint for support, petition to modify, or demand for hearing, as the case may be.
(e) An attorney who represents a party in any action for support shall file a written appearance. Except as otherwise provided in Pa.R.C.P. No. 1910.6, the withdrawal of an appearance shall be governed by Pa.R.C.P. No. 1012(b).
(f) A party who files exceptions to a hearing officer's report shall order, pay for, and file with the Prothonotary, a transcript of the hearing. The hearing officer shall contact the exceptant's lawyer, or if there is none, the exceptant, by mail regarding the amount and method of payment. A down payment of $100.00 or one-half of the estimated cost of the transcript is hereby deemed to be reasonable. The Court will enforce payment of a delinquent balance for a transcript with its contempt papers. If a transcript is not filed with the Prothonotary before argument on the exceptions, the exceptions may be dismissed for that reason.
The Court Administrator is hereby Directed to:
(1) file seven certified copies of the rule with the Administrative Office of Pennsylvania Courts;
(2) distribute two certified copies of the rule and a computer diskette containing the text of the rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(3) file one certified copy of the rule with the Domestic Relations Procedural Rules Committee; and
(4) keep the rule continuously available in the Office of Prothonotary for public inspection and copying.
By the Court
KENNETH G. VALASEK,
[Pa.B. Doc. No. 10-1870. Filed for public inspection October 1, 2010, 9:00 a.m.]
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