Local Rules; Actions for Support L-1910.5--Complaint, Order of Court, Continuances; Action of Divorce or Annulment of Marriage L-1920.33--Joinder of Related Claims, Distribution of Property, Enforcement; and Rules Relating to Domestic Relations Matters Generally L-1930.8--Sanctions; Civil Division; No. 2009-1
[39 Pa.B. 2439]
[Saturday, May 16, 2009]
And Now, this 23rd day of April, 2009; It Is Hereby Ordered that the above-stated Washington County Local Rules be adopted as follows.
These rules will become effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
DEBBIE O'DELL SENECA,
ACTIONS FOR SUPPORT
L-1910.5. Complaint. Order of Court. Continuances.
(d) Motions for continuances of proceedings before the Hearing Officer or Conference Officers will be presented by the moving party to the Family Court Judge to whom the case is assigned in Motions Court prior to the scheduled proceeding. The moving party will file the order granting or denying the continuance in the Domestic Relations Section. The moving party will file a copy of the Notice of Presentation of the Continuance Motion and the Continuance Motion in the Domestic Relations Section prior to presenting the motion for continuance to the Court.
(e) A $25.00 fee will be charged for continuances. Except in the case of an emergency, when a party seeks and receives a continuance on the day of a scheduled conference or hearing the party will be charged a $75.00 fee. A party who receives a continuance and who fails to file a copy of the Notice of Presentation and the Continuance Motion in the Domestic Relations Section prior to presenting the motion for continuance to the Court as required in paragraph b, shall be charged an additional $50.00 fee. The fee will be paid by the moving party to the Domestic Relations Section when the signed Motion and Continuance Order are filed. The fee shall be paid in the form of a check or money order payable to the Washington County Domestic Relations Section.
(g) The Notice of Presentation of the Continuance Motion shall include the date of service of the motion upon the opposing counsel or the opposing party, if unrepresented, and the date of service of the motion upon the Domestic Relations Section.
ACTION OF DIVORCE OR ANNULMENT OF MARRIAGE
L-1920.33. Joinder of Related Claims. Distribution of Property. Enforcement.
(c)(1) During a proceeding before a Master in a Divorce Case, a party who fails to comply with the requirements of subdivision (a) and (b) of Pa.R.C.P. No. 1920.33 shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein.
(c)(2) During a proceeding before a Master in a Divorce Case, a party shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement.
RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY
The Master in a Divorce Case, the Hearing Officer in an Action for Support, or a Child Custody Conference Officer in a Child Custody Case may invoke appropriate sanctions for failure to comply with Pennsylvania Rules of Civil Procedure or Local Rules or for conduct which is vexatious or which unreasonably serves to delay proceedings or make them more complicated. Appropriate sanctions include, but are not limited to, one or more of the following: a negative inference may be drawn against the party; the meeting, conference or hearing may be rescheduled with the assessment of a continuance fee; the party who fails to comply with the rules may be barred from offering any testimony or introducing any evidence on the issue at bar; or other sanctions reasonably designed to ensure compliance with these rules and respect for the proceedings may be imposed.
[Pa.B. Doc. No. 09-877. Filed for public inspection May 15, 2009, 9:00 a.m.]
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