Pa.R.C.P. No Rule Elimination of Parenting Coordination. Currentness

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1 Rule Elimination of Parenting Coordination, PA ST RCP Rule Purdon's Pennsylvania Statutes and Consolidated Statutes Pennsylvania Rules of Civil Procedure (Refs & Annos) Actions for Custody, Partial Custody and Visitation of Minor Children (Refs & Annos) Pa.R.C.P. No Rule Elimination of Parenting Coordination Currentness Only judges may make decisions in child custody cases. Masters and hearing officers may make recommendations to the court. Courts shall not appoint any other individual to make decisions or recommendations or alter a custody order in child custody cases. Any order appointing a parenting coordinator shall be deemed vacated on the date this rule becomes effective. Local rules and administrative orders authorizing the appointment of parenting coordinators also shall be deemed vacated on the date this rule becomes effective. Credits Adopted April 23, 2013, effective May 23, Rules Civ. Proc., Rule , 42 Pa.C.S.A., PA ST RCP Rule Current with amendments received through 6/15/13 End of Document 2013 Thomson Reuters. No claim to original U.S. Government Works Thomson Reuters. No claim to original U.S. Government Works. 1

2 Rule Self-Represented Party, PA ST RCP Rule Purdon's Pennsylvania Statutes and Consolidated Statutes Pennsylvania Rules of Civil Procedure (Refs & Annos) Rules Relating to Domestic Relations Matters Generally Pa.R.C.P. No Rule Self-Represented Party Currentness a. A party representing himself or herself shall enter a written appearance which shall state an address, which need not be his or her home address, where the party agrees that pleadings and other legal papers may be served, and a telephone number through which the party may be contacted. The entry of appearance may include a facsimile number as provided by Pa.R.C.P. No b. A self-represented party is under a continuing obligation to provide current contact information to the court, to other selfrepresented parties, and to attorneys of record. c. When a party has an attorney of record, the party may assert his or her self-representation by: (1) Filing a written entry of appearance and directing the prothonotary/court clerk to remove the name of his or her counsel of record with contemporaneous notice to said counsel, or (2) Filing an entry of appearance with the withdrawal of appearance signed by his or her attorney of record. d. The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record. e. The assertion of self-representation shall not delay any stage of the proceeding. Credits Adopted June 5, 2013, effective July 5, Editors' Notes EXPLANATORY COMMENT Withdrawal of appearance by counsel of record is governed by Pa.R.C.P. No Service of original process in domestic relations matters is governed by Pa.R.C.P. No Service of legal papers other than original process is governed by Pa.R.C.P. No Rules Civ. Proc., Rule , 42 Pa.C.S.A., PA ST RCP Rule Current with amendments received through 6/15/ Thomson Reuters. No claim to original U.S. Government Works. 1

3 Rule Self-Represented Party, PA ST RCP Rule End of Document 2013 Thomson Reuters. No claim to original U.S. Government Works Thomson Reuters. No claim to original U.S. Government Works. 2

4 PLAINTIFF vs. DEFENDANT IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. ENTRY OF APPEARANCE AS A SELF-REPRESENTED PARTY 1. I am the Plaintiff Defendant in the above-captioned (MARK ONE) custody, divorce, support, protection from abuse, paternity case. 2. This (MARK ONE) is is not a new case and I am representing myself in this case and have decided not to hire an attorney to represent me. OR (check only one box) This is NOT a new case and previously (Name of Attorney) represented me in this case. I have decided not to be represented by that attorney and direct the Prothonotary to remove that attorney as my counsel of record in this case. I have provided a copy of this form to that attorney listed above at the following address: OR (check only one box) I am entering my appearance as a self-represented party (sign) My attorney acknowledges his/her withdrawal as my attorney in this case. (Attorney signature), Esq. 3. My address for the purpose of receiving all future pleadings and other legal notices is:. I understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings. This is my home address. This is not my home address. 4. My telephone number where I can be reached during normal business hours (8:00 a.m. 4:30 p.m. Monday Friday) is. My address is My telephone number and address are confidential pursuant to a Protection From Abuse Order. 5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6. I have provided a copy of this form to all other attorneys or other self-represented parties at the following addresses as listed below: (Use reverse side if you need more space) Name Address Name Address 7. I fully understand that by deciding to represent myself, the Court will hold me to the same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities. I verify that the statements made in this Entry of Appearance as a Self-Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S relating to unsworn falsification to authorities which could result in a fine and/or prison term. Date Signature (Your Signature)

5 Rule Pre-Trial Procedures, PA ST RCP Rule Purdon's Pennsylvania Statutes and Consolidated Statutes Pennsylvania Rules of Civil Procedure (Refs & Annos) Actions for Custody, Partial Custody and Visitation of Minor Children (Refs & Annos) Pa.R.C.P. No Rule Pre-Trial Procedures Currentness A pre-trial conference in an initial custody or modification proceeding shall be scheduled before a judge at the request of a party or sua sponte by the court and the procedure shall be as set forth in this rule. If a party wishes to request a pre-trial conference, the praecipe set forth in subdivision (g) below shall be filed. The scheduling of a pre-trial conference shall not stay any previously scheduled proceeding unless otherwise ordered by the court. (a) The praecipe may be filed at any time after a custody conciliation or conference with a conference officer unless a pre-trial conference has already been scheduled or held. The pre-trial conference may be scheduled at any time, but must be scheduled at least 30 days prior to trial. (b) Not later than five days prior to the pre-trial conference, each party shall serve a pre-trial statement upon the court and the other party or counsel of record. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: (1) the name and address of each expert whom the party intends to call at trial as a witness; (2) the name and address of each witness the party intends to call at trial, the relationship of that witness to the party and a statement by the party or the party's counsel that he or she has communicated with each listed witness; and (3) a proposed order setting forth the custody schedule requested by the party. In addition to the above items included in the pre-trial statement, any reports of experts and other proposed exhibits shall be included as part of the pre-trial statement served upon the other party or opposing counsel, but not included with the pre-trial statement served upon the court. (c) If a party fails to file a pre-trial statement or otherwise comply with the requirements of subdivision (b), the court may make an appropriate order under Rule 4019(c)(2) and (4) governing sanctions. (d) Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. (e) At the pre-trial conference, the following shall be considered: 2013 Thomson Reuters. No claim to original U.S. Government Works. 1

6 Rule Pre-Trial Procedures, PA ST RCP Rule (1) issues for resolution by the court; (2) unresolved discovery matters; (3) any agreements of the parties; (4) issues relating to expert witnesses; (5) settlement and/or mediation of the case; (6) such other matters as may aid in the disposition of the case; and (7) if a trial date has not been scheduled, it shall be scheduled at the pre-trial conference. (f) The court shall enter an order following the conference detailing the agreements made by the parties as to any of the matters considered, limiting the issues for trial to those not disposed of by agreement and setting forth the schedule for further action in the case. Such order shall control the subsequent course of the action unless modified at trial to prevent manifest injustice. (g) The praecipe for pre-trial conference shall be substantially in the following form: (Caption) PRAECIPE FOR PRE-TRIAL CONFERENCE To the Prothonotary: Please schedule a pre-trial conference in the above-captioned custody matter pursuant to Pa.R.C.P The parties' initial in-person contact with the court (conference with a conference officer or judge, conciliation or mediation) occurred on.... Plaintiff/Defendant/Attorney for Plaintiff/Defendant Credits Adopted June 25, 2013, effective July 25, Editors' Notes EXPLANATORY COMMENT Thomson Reuters. No claim to original U.S. Government Works. 2

7 Rule Pre-Trial Procedures, PA ST RCP Rule The Domestic Relations Procedural Rules Committee has become aware that there is a wide disparity in pre-trial procedures in custody cases among the various jurisdictions. As the committee strives to recommend best practices, this new rule establishes uniform pre-trial procedures in custody cases when requested by either party. The goal is to reduce custody litigation by encouraging early preparation and court intervention for purposes of expedited resolutions. The rule is based upon the pre-trial procedures in divorce cases as set forth in Rule Nothing in this rule shall affect the First Judicial District's practice of conducting a pre-trial conference upon the filing of a motion for a protracted or semi-protracted trial. Rules Civ. Proc., Rule , 42 Pa.C.S.A., PA ST RCP Rule Current with amendments received through 6/15/13 End of Document 2013 Thomson Reuters. No claim to original U.S. Government Works Thomson Reuters. No claim to original U.S. Government Works. 3

8 Rule Withdrawal of Pleading. Discontinuance of Action, PA ST RCP Rule... Purdon's Pennsylvania Statutes and Consolidated Statutes Pennsylvania Rules of Civil Procedure (Refs & Annos) Actions for Custody, Partial Custody and Visitation of Minor Children (Refs & Annos) Pa.R.C.P. No Rule Withdrawal of Pleading. Discontinuance of Action Currentness (a) Withdrawal of Pleading. A custody pleading cannot be withdrawn after the issuance of a scheduling order or notice of conference regarding claims made in the pleading except (1) by leave of court after notice to the non-moving party, or (2) by written agreement of the parties. (b) Discontinuance of a Custody Action. (1) A custody action may be discontinued by praecipe only upon a verified statement by the moving party that the complaint has not been served. (2) A custody action cannot be discontinued after the complaint has been served except (A) by leave of court after notice to the non-moving party, or (B) by written agreement of the parties. Credits Adopted June 25, 2013, effective July 25, Rules Civ. Proc., Rule , 42 Pa.C.S.A., PA ST RCP Rule Current with amendments received through 6/15/13 End of Document 2013 Thomson Reuters. No claim to original U.S. Government Works Thomson Reuters. No claim to original U.S. Government Works. 1

9 Rule Prompt Disposition of Custody Cases, PA ST RCP Rule Purdon's Pennsylvania Statutes and Consolidated Statutes Pennsylvania Rules of Civil Procedure (Refs & Annos) Actions for Custody, Partial Custody and Visitation of Minor Children (Refs & Annos) Pa.R.C.P. No Rule Prompt Disposition of Custody Cases Currentness (a) Initial Contact With the Court. Depending upon the procedure in the judicial district, the parties' initial in-person contact with the court (including, but not limited to a conference with a conference officer pursuant to Rule , a conference with a judge, conciliation, mediation and/or class/seminar) shall be scheduled to occur not later than 45 days from the filing of a complaint or petition. (b) Listing Trials Before the Court. Depending upon the procedure in the judicial district, within 180 days of the filing of the complaint either the court shall automatically enter an order scheduling a trial before a judge or a party shall file a praecipe, motion or request for trial, except as otherwise provided in this subdivision. If it is not the practice of the court to automatically schedule trials and neither party files a praecipe, motion or request for trial within 180 days of filing of the pleading, the court shall, sua sponte or on motion of a party, dismiss the matter unless a party has been granted an extension for good cause shown, or the court finds that dismissal is not in the best interests of the child. The extension shall not exceed 60 days beyond the 180 day limit. A further reasonable extension may be granted by the court upon agreement of the parties or when the court finds, on the record, compelling circumstances for a further reasonable extension. If an extension is granted and, thereafter, neither party files a praecipe, motion or request for trial within the time period allowed by the extension, the court shall, sua sponte or on the motion of a party, dismiss the matter unless the court finds that dismissal is not in the best interests of the child. A motion to dismiss, pursuant to this rule, shall be filed and served upon the opposing party. The opposing party shall have 20 days from the date of service to file an objection. If no objection is filed, the court shall dismiss the case. Prior to a sua sponte dismissal, the court shall notify the parties of an intent to dismiss the case unless an objection is filed within 20 days of the date of the notice. (c) Trial. Trials before a judge shall commence within 90 days of the date the scheduling order is entered. Trials and hearings shall be scheduled to be heard on consecutive days whenever possible but, if not on consecutive days, then the trial or hearing shall be concluded not later than 45 days from commencement. (d) Prompt Decisions. The judge's decision shall be entered and filed within 15 days of the date upon which the trial is concluded unless, within that time, the court extends the date for such decision by order entered of record showing good cause for the extension. In no event shall an extension delay the entry of the court's decision more than 45 days after the conclusion of trial. (e) Emergency or Special Relief. Nothing in this rule shall preclude a party from seeking, nor a court from ordering, emergency or interim special relief at any time after the commencement of the action. Note: For service of original process in custody, partial custody and visitation matters, see Rule Rescinded June 20, 1985 effective Jan. 1, Note amended Oct. 2, 1995, effective Jan. 1, Replaced by new rule Thomson Reuters. No claim to original U.S. Government Works. 1

10 Rule Prompt Disposition of Custody Cases, PA ST RCP Rule Credits Adopted Nov. 30, 2000, effective March 1, Amended July 8, 2010, effective Sept. 6, Amended June 25, 2013, effective July 25, Editors' Notes EXPLANATORY COMMENT A new rule requiring prompt custody trials was recommended by a special committee established by the Pennsylvania Superior Court. That committee concluded that the interests of children who are the subjects of custody litigation would best be served by a requirement that the litigation be concluded within specific time frames. Notes of Decisions (2) Rules Civ. Proc., Rule , 42 Pa.C.S.A., PA ST RCP Rule Current with amendments received through 6/15/13 End of Document 2013 Thomson Reuters. No claim to original U.S. Government Works Thomson Reuters. No claim to original U.S. Government Works. 2