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231 Pa. Code Rule 1920.74. Form of Motion for Appointment of Hearing Officer. Order.

Rule 1920.74. Form of Motion for Appointment of Hearing Officer. Order.

 (a)  The motion for appointment of a hearing officer shall be substantially in the following form:

   (Caption)

   MOTION FOR APPOINTMENT OF HEARING OFFICER

 


(Plaintiff) (Defendant) moves the court to appoint a hearing officer with respect to the following claims:

 ( )  Divorce

 ( )  Annulment

 ( )  Alimony

 ( )  Equitable Division of Marital Property

 ( )  Counsel Fees

 ( )  Costs and Expenses

 ( )  Other:



 and in support of the motion states:

   (1)  Discovery (is) (is not) complete as to the claim(s) for which the appointment of a hearing officer is requested.

   (2)  The non-moving party (has) (has not) appeared in the action (personally) (by his or her attorney,


, Esquire).

   (3)  The statutory ground(s) for divorce (is) (are)


.

   (4)  If the hearing officer’s appointment is for resolution of a divorce, an annulment, or ancillary claims, the parties have complied with Pa.R.C.P. Nos. 1920.31, 1920.33, and 1920.46, as applicable.

   (5)  Check and complete the applicable paragraph(s):

    (a) The action is not contested.

    (b) An agreement has been reached with respect to the following claims:

   


.

    (c) The action is contested with respect to the following claims:

   


.

   (6)  The action (involves) (does not involve) complex issues of law or fact.

   (7)  The hearing is expected to take


(hours) (days).

   (8)  Additional information, if any, relevant to the motion:


 



 


.

 Date:


  

                Attorney for (Plaintiff) (Defendant)

 (b)  The order appointing a hearing officer shall be substantially in the following form:

   (Caption)

   ORDER APPOINTING HEARING OFFICER

 AND NOW,


, 20
,
, Esquire, is appointed hearing officer with respect to the following claims:
.

   BY THE COURT:

   




MOVING PARTY NON-MOVING PARTY
Name:Name:


Attorney’s Name:Attorney’s Name:


Attorney’s Address:Attorney’s Address:


Attorney’s Telephone #:Attorney’s Telephone #:


Attorney’s E-Mail:Attorney’s E-Mail


Party’s Address and Telephone Party’s Address and Telephone
# if not represented by counsel:# if not represented by counsel:



   Official Note

   See Pa.R.C.P. No. 1920.51(a)(1)(ii) for the issues and claims for which the court may appoint a hearing officer. It is within the discretion of the court to determine the point at which a hearing officer should be appointed in a case.

Source

   The provisions of this Rule 1920.74 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended June 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397018) to (397019).



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