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PA Bulletin, Doc. No. 01-1376


Title 255--LOCAL


Rule of Civil Procedure N1915.4--Prompt Disposition of Custody Cases; Misc. No. C0048CV2001-005537

[31 Pa.B. 4062]

Order of Court

   And Now, this 10th day of July, 2001, Rule N1915.4, Prompt Disposition of Custody Cases is adopted effective September 1, 2001.

   Seven (7) certified copies of the within rules shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; one (1) certified copy shall be filed with the Civil Procedural Rules Committee; and one (1) certified copy shall be filed with the Domestic Relations Procedural Rules Committee. One (1) copy of these rules shall be kept available in the Office of the Clerk of Courts--Civil Division. A copy shall be published in the Northampton County Reporter.

By the Court

President Judge

Rule N1915.4.  Prompt Disposition of Custody Cases.

   (a.) (1)  A party who files a claim for custody, partial custody or visitation, whether joined with an action of divorce or by separate complaint, shall attach thereto a proposed order in the form set forth at PA.R.CIV.P. 1915.15(c) which the party shall present to the motions judge. The motions judge shall schedule a conference to be held by the custody conference officer within 45 days as required by PA.R.CIV.P. 1915.4(a).

   (2)  The party who files such a claim shall immediately provide a copy of the custody action and order to the Court Administrator who shall maintain a docket of custody actions for the purpose of insuring compliance with PA.R.CIV.P. 1915.4.

   (3)  The party who files such a claim shall file simultaneously a praecipe placing the matter on the custody conference list for the date set by the motions judge.

   (b.) (1)  The custody conference officer shall notify the Court Administrator of those custody actions which are resolved by agreement at the custody conference and those which are not resolved by agreement at the custody conference.

   (2)  The party who filed the claim which is not resolved at the custody conference shall notify the Court Administrator if the matter has been resolved subsequent to the custody conference.

   (c.)  Within 180 days of the filing of a custody action, if the matter has not been resolved, a party shall file with the Court Administrator a praecipe for trial. Upon failure to do so, unless an extension for good cause has been granted by the court, the Court Administrator shall notify the motions judge who shall enter an order dismissing the custody action.

   (d.)  The praecipe for trial referred to in subsection (c) shall be for a non-jury trial list not more than 90 days from the date on which the praecipe is filed.

   (e.)  This rule is effective September 1, 2001.

[Pa.B. Doc. No. 01-1376. Filed for public inspection July 27, 2001, 9:00 a.m.]

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