Local Rule 1915.3; Doc. No. MD-12-540
[46 Pa.B. 3642]
[Saturday, July 9, 2016]
And Now, this 21st day of June, 2016, It is hereby Ordered and Decreed that the existing Rule 1915.3 is amended and shall be entirely replaced by New Rule 1915.3 in accordance with the following language effective 30 days after publication in the Pennsylvania Bulletin.
Rule *1915.3. Custody Proceedings, Appointment of Conciliator.
(d) A Custody Conciliator shall be appointed by the Board of Judges. All custody proceedings shall be listed for a conference before the Conciliator prior to being assigned to a judge. The parties to the case and if represented, their counsel, shall attend
(e) Agreements reached as a result of the conference shall be submitted in form of stipulation and proposed order to the Custody Conciliator, who will present the stipulation and order to the court with a recommendation.
(f) Cases not resolved at the initial conciliation conference may be continued and relisted by the Custody Conciliator for further conferencing, or may be forwarded to the court for hearing on the merits. When cases are forwarded for court hearing the Conciliator will submit a brief synopsis of the case as part of a letter of transmittal.
(g) If, after proper service and/or notification, a party fails to appear at a conciliation conference, the Conciliator will report to the court and may recommend that the court impose appropriate sanctions.
(h) A party may offer into evidence without further proof the following items:
(1) Reports and correspondence and records from physical health providers, educators, law enforcement departments and related officials if said documents are provided to opposing counsel or pro se party at least twenty (20) days before the scheduled hearing. If the moving party receives no written objection thereto not less than ten (10) days prior to the trial date, this evidence shall be admitted without the necessity of testimony from the scrivener. If objection is made, the party requesting the admission of said evidence may submit a specific written request for an evidentiary ruling to the Court Administrator for referral to the appropriate Judge. In no event shall the scheduled hearing be delayed as a result of the application of this rule.
(2) Reports and correspondence from mental health providers and custody evaluators if said documents are provided to opposing counsel or pro se party at least twenty (20) days before the scheduled hearing. If the moving party receives no written objection thereto, not less than ten (10) days prior to the trial date, this evidence shall be admitted without the necessity of testimony from the scrivener. If objection is made, the party requesting the admission of said evidence must be prepared to present the person whose testimony is waived by this Rule. In no event shall the scheduled hearing be delayed as a result of the application of this Rule.
(i) No child shall attend any custody proceeding unless:
(1) Ordered to attend by the Court, or;
(2) Required to attend by the Custody Conciliator, or;
(3) The party wishing to bring a child or children to the hearing or conference provides at least seven (7) days written notice to all involved parties, or, if represented, their counsel.
By the Court
CHAD F. KENNEY,
[Pa.B. Doc. No. 16-1162. Filed for public inspection July 8, 2016, 9:00 a.m.]
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